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1. Of the instant lawsuit, the part concerning the claim for partition of co-owned property as to the share in real estate in attached Table 3(a) of the attached Table 1.
Reasons
1. Basic facts
A. G died on August 8, 2008. At the time, G was deceased, and at the time, Plaintiff B (former title H) and Defendants, the spouse of Plaintiff A and Plaintiff B (former title H).
The co-ownership shares of the above inheritors for each real estate listed in the attached Table 1 shall be as specified in the attached Table 2.
B. With respect to 3/78 shares among 13,091 square meters of I Forest land in Gyeonggi-gun (the real estate listed in paragraph (a) of attached Table 1 in the list of annexed Table 1; hereinafter “real estate No. 1 of this case”), the registration of ownership transfer in the name of the Plaintiff and the Defendants with respect to the shares of 3/78 shares in the name of the Plaintiff, 2/78 shares in the name of the Plaintiff B and the Defendants, 13/78 shares in the name of the J, K, L, 26/78 shares is completed.
C. Among the respective real estate listed in the separate sheet No. 1 list, the registration of ownership transfer in the name of the Plaintiff, and the name of the Plaintiff B and the Defendants, with respect to each of 3/13 shares in the remaining real estate (hereinafter collectively referred to as “instant No. 2 real estate”), among the real estate listed in the separate sheet No. 1 list, has been completed.
There is no separate partition prohibition agreement between the plaintiffs and the defendants on the second real estate of this case, and no agreement was reached between the plaintiffs and the defendants on the division method of the second real estate of this case until the closing date of the argument of this case.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1, 2, Eul evidence 1 through 10, Eul evidence 1 or 2 (including branch numbers; hereinafter the same shall apply), and the purport of whole pleadings
2. We examine this part of the lawsuit as to the claim for partition of co-owned property in the first real estate share ex officio.
The Plaintiffs seek the partition of shares jointly owned with respect to 13/78 shares among the real estate No. 1 of the instant case. According to Article 268(1) of the Civil Act, the subject matter of the partition of co-owned property is a matter constituting a co-ownership relationship, and co-ownership itself cannot be the subject matter of partition of co-owned property
The plaintiffs, even if they were.