1. All appeals by Defendant B, D, and F are dismissed.

2. The costs of appeal shall be borne by Defendant B, D, and F.

purport, purport, and.

1. Defendant B, D, and F appealed against the judgment of the first instance court on the scope of adjudication in this Court. However, the lawsuit in this case is a requisite co-litigation as a lawsuit for the partition of co-litigation. In such a case, an appeal filed by one of the co-litigants is effective against the other co-litigants, and the lawsuit against the Defendants, which did not file an appeal, is not final and conclusive, and thus, it shall be determined against the Defendants

2. Basic facts

A. The Plaintiff and the Defendants shared the real estate indicated in the attached Form (hereinafter “instant real estate”) in proportion to the indicated shares in the attached Form.

B. There is no agreement between the Plaintiff and the Defendants on the method of division regarding the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence 1, the purport of the whole pleadings

3. Determination

A. The partition of co-owned property by judgment is in principle divided in kind as long as a reasonable partition can be made according to the share of each co-owner. The auction of the goods can be ordered only when the value of the goods is likely to be significantly reduced if it is impossible to divide in kind or in kind. In the payment division, the requirement that "it cannot be divided in kind" is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide in kind in consideration of the nature, location, area, use status, and use value after the division, etc. of the co-owner's share.

in the case of a co-owner's act of dividing in kind, "if the value of the property is likely to decrease substantially, the value of the property may decrease substantially," also includes the case where the value of the property to be owned by the sole owner might decrease significantly more than the value of the property before the division.

B. (See Supreme Court Decision 2002Da4580 delivered on April 12, 2002).

In light of the above legal principles, the instant case.