1. Defendant B’s appeal is dismissed.

2. The costs of appeal shall be borne by Defendant B.

Purport of claim and appeal

1...

1. The reasons why the court shall explain this part of the facts of recognition are the same as the part of the judgment of the court of first instance, and therefore, it shall accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of action

A. The plaintiffs' assertion and the defendants are all the successors of the network E.

In order to make a partition of co-owned property, each land and building (hereinafter collectively referred to as the “instant real property”) recorded in the annexed Table 1, which are co-owned by the heir, shall be put to auction for the co-owned property.

B. According to the deceased E’s will book, the father, of Defendant B’s assertion, each of the lands and buildings listed in the annexed sheet 1 through 3 is inherited to Defendant B, and the land listed in the same list 4 is inherited to Defendant C.

Even if the instant real estate is sold at auction, the shares of Defendant B should be excluded, or the preferential purchase right should be recognized to Defendant B.

C. Determination 1) Article 1065 or 1070 of the Civil Act provides that “The method of a will shall be strictly defined by the method of the will is to clarify the will’s intention and prevent legal disputes and confusion arising therefrom. Therefore, a will contrary to the statutory requirements and methods may not be null and void even if it conforms to the testator’s genuine will (see, e.g., Supreme Court Decision 2005Da57899, Mar. 9, 2006). Article 1066(1) of the Civil Act provides that “The will by a document of completion of the will must be signed and sealed by the testator.” Therefore, the document of a self-written will without a statement of the date of preparation is invalid because it is not effective (see, e.g., Supreme Court Decision 2009Da9768, May 14, 2009).”