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1.The judgment of the first instance shall be modified as follows:
Attached Form
Each real estate listed in the list 1 shall be put up for auction.
Reasons
1. Facts of recognition;
A. On July 15, 1980, J and K completed the registration of initial ownership relating to each one/2 shares of each of the instant real estate on July 15, 1980, and on May 16, 2003, the registration of ownership transfer was completed on May 16, 2003 with respect to each of the said one/2 shares of J.
B. K died on September 12, 2004.
Defendant C and E filed a report to waive their respective net K’s inheritance, and each of the above reports by Defendant C were accepted on December 4, 2004 as Jeju District Court 2004Ra406, and the above reports by Defendant E were accepted on November 30, 2004 as Jeju District Court 2004Mo396.
C. On January 7, 2005, the registration of transfer of shares by inheritance on September 12, 2004 was completed in the case of Defendant C, E, F, G, H, I, and Defendant C’s partial acceptance Intervenor D (hereinafter “acquisition Intervenor”) as to the whole shares of the network K 1/2 of each of the instant real estates on January 7, 2005.
On September 19, 201, the compulsory auction commenced on September 19, 201 with respect to each share of 1/14 of the acquiring intervenors among each of the instant real estate, and the Plaintiff purchased the said share at the said compulsory auction.
E. On April 3, 2014, Defendant C completed the registration of transfer of ownership based on a gift made on March 5, 2003, in the name of the assignee, as to the real estate listed in Section 1 of Attached Table 1 among each of the instant real estate.
F. On September 22, 2018, Defendant I died after having left his spouse Q and AP, and Q has reported the renunciation of property inheritance, and P solely taken over the instant lawsuit against Defendant I against the Defendant Net I.
G. There was no agreement on partition of co-owned property between the Defendants, including the Plaintiff and the Intervenor, until the date of closing argument.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 4, 5, Eul evidence 2 (including number), the purport of the whole pleadings
2. Determination
A. In the lawsuit claiming partition of co-owned property in each of the instant real property shares, the original co-owners transfer all or part of their shares to a third party.