The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. The plaintiff and the defendant are children of the deceased C, who have one-half inheritance shares.

The Plaintiff and Nonparty D shared the instant real estate in 1/2 shares, and the network C purchased shares in the instant real estate.

Since then, the deceased C died on November 2, 2019, the Plaintiff and the Defendant inherited the deceased C’s share on the instant real estate.

In the absence of an agreement on the division of inherited property between the Plaintiff and the Defendant, the Plaintiff filed an application for the registration of inheritance regarding the instant real estate according to the statutory share of inheritance. As to the instant real estate, the registration was completed as holding 3/4 shares and 1/4 shares.

The Defendant filed an application for the adjudication on the division of inherited property with the court 2020 Ma6046 regarding the net C’s property, including one-half shares owned by the deceased C among the instant real property.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination

A. The Plaintiff filed a claim for the partition of the pertinent real estate jointly owned under Article 268 of the Civil Act.

B. In a case where co-inheritors fail to reach an agreement on the division of inherited property or are unable to reach an agreement, it is only possible to file a claim for adjudication on division of inherited property with a family court, as prescribed by the Family Litigation Act, and filing a lawsuit for partition of inherited property under Article 268 of the Civil Act as to individual property belonging to inherited property is not allowed (see Supreme Court Decision 2015Da18367, Aug. 13, 2015).

In addition to the above facts, there was no division of inherited property valid between the plaintiff and the defendant, and it is recognized that the plaintiff unilaterally completed the inheritance registration of 1/2 shares of the real estate in this case, which were owned by the deceased C, based on the statutory share of inherited property, and therefore, it is the inherited property.