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1. The plaintiff's lawsuit against the defendant B shall be dismissed.
2. The real estate listed in paragraph 1 of the annex shall be put up for auction.
Reasons
1. Facts of recognition;
A. The real estate listed in paragraph 1 of the attached list is owned by the Plaintiff 1/5 shares, by Defendant C 1/5 shares, by Defendant D 2/5 shares, and by Defendant E 1/5 shares.
B. The real estate listed in Attachment List No. 2 is owned by the Plaintiff 41/50 shares, Defendant C’s shares, Defendant C’s shares of 1/50 shares, Defendant D’s shares of 2/50 shares, Defendant E’s shares of 1/50 shares, Defendant H’s shares of 3/280 shares, Defendant H’s shares of 2/280 shares, Defendant J’s shares of 2/280, Defendant JF’s shares of 7/280, Defendant G’s shares of 7/280, Defendant G’s shares of 3/280, Defendant C’s shares of 2/280, and Defendant M’s shares of 2/280 shares, respectively.
[Ground of recognition] Gap evidence No. 1 (including paper numbers), and the result of each fact-finding on the broad time of this court's broad name, the purport of the whole pleadings
2. On the premise that the Plaintiff’s lawsuit against Defendant B is lawful, the Plaintiff sought a partition of co-owned property as the Defendant under the premise that he is the co-owner of each real estate listed in the separate sheet.
However, comprehensively taking account of the respective entries and arguments in Gap evidence No. 1 (including additional numbers), Defendant B completed the registration of ownership transfer for 1/5 shares of each of the real estate listed in the separate sheet on May 23, 201, due to inheritance from April 12, 1991, but it can be recognized that Defendant D completed the registration of ownership transfer for each of the above shares on February 27, 2017.
Therefore, Defendant B is not a co-owner of each real estate listed in the separate sheet, and the Plaintiff’s lawsuit against Defendant B is unlawful.
3. Determination as to claims against the remaining Defendants other than Defendant B
A. According to the above facts acknowledged as the co-owner of the right to partition co-owned property, the Plaintiff, who is the co-owner of the real estate listed in paragraph (1) of the attached Table No. 1, against Defendant C, D, and E, other co-owners, may file a co-owned property partition claim against Defendant C, D, E, H, H, I, J, F, G, K, L, and M, other co-owners, pursuant to Article 269(1) of the Civil Act.
B. Co-owned property partition