Attached Form

The real estate recorded in the title 1 shall be put to an auction for the remainder after deducting the auction cost from the price.

The Plaintiff, as to Defendant D and L’s defense prior to the merits, filed a claim against the Defendants for the division of the co-ownership of the real estate listed in the separate sheet No. 1, and against this, Defendant D and L filed the instant lawsuit without going through the consultation procedure with the co-owners of the real estate listed in the separate sheet No. 1, to the effect that the instant lawsuit filed by the Plaintiff is unlawful.

In light of the overall purport of the evidence evidence No. 3, the plaintiff filed a lawsuit against the remaining defendants except the defendant Eul and the deceased M's inheritors seeking the division of the real estate recorded in the attached Form No. 1 by the Jeonju District Court 2019Ga group 908. The plaintiff tried to consult with the other co-owners except the defendant E, J and the defendant B by means of public notice in the proceedings of the above case's pleading, but it did not reach an agreement. The above court ordered the division of the real estate recorded in the attached Form No. 1 No. 1 of the attached Table No. 27, 2020. Although the above judgment became final and conclusive, since not the real co-owners of the attached Form No. 1 but the real co-owners of the above case were omitted from the defendant Eul, the real co-owners of the above case, and thus, the plaintiff filed a lawsuit against the plaintiff in accordance with the above final judgment and the defendants' co-ownership was not completed.

According to the above facts of recognition, the consultation on the method of division of jointly owned property between the plaintiff and the defendants was conducted, but the consultation was not eventually achieved.

Therefore, prior defenses of Defendant D and L on different premise are without merit.

Judgment on the merits A.