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1. The part of the instant lawsuit against the Appointor D shall be dismissed.
2. It shall be put up for auction sale of 3,967 square meters of forest E in Gangnam-si.
Reasons
1. In a case where a co-owner who claims partition of co-owned property as to the selected D is the Plaintiff and all other co-owners become the co-defendant (see, e.g., Supreme Court Decision 2013Da78556, Jan. 29, 2014). In a case where the shares of co-owners are transferred to a third party during the continuation of a lawsuit for partition of co-owned property, and the transferee succeeded to the co-owners in the lawsuit for partition of co-owned property, but the previous co-owner who transferred co-owned shares remains without withdrawal in the lawsuit for partition of co-owned property, the previous lawsuit against
This Court rendered a decision to commence compulsory auction on the designated parties D's co-ownership shares in F-owned real estate compulsory auction, and the fact that the defendant (appointed parties, hereinafter only the defendant) purchased them and paid the price in full on November 27, 2017 is deemed to have led to the confession because Defendant D does not clearly dispute this, or that it is evident in the course of business in this court. According to these facts, it cannot be deemed that the designated parties D are qualified. Thus, the part on the designated parties D's share in the instant lawsuit is unlawful.
2. Determination as to the claim against the defendant and the remaining designated persons
A. Comprehensively taking account of the purport of the entire pleadings in the statement in Gap evidence No. 2, the purport of the right to claim partition of co-owned property, the land of this case is owned by each of the co-owned share shares indicated in the separate sheet except for the plaintiff, the defendant (appointed party) and the designated parties (hereinafter the defendant did not distinguish the plaintiff and the designated parties). The fact that there was no co-owned property partition agreement between the plaintiff and the defendants as to the land of this case.
According to the above facts of recognition, the Plaintiff may request the Defendants to divide the instant land pursuant to Article 269(1) of the Civil Act.
B. Co-owned property partition by judgment on the method of partition.