1. The judgment of the court of first instance is modified as follows.

Attached Form

Real estate listed in paragraph (1) of the Inventory shall be put up for auction.

1. Basic facts

A. The plaintiff A, the defendant B, the selected parties C, the D, and the deceased I (Death on June 16, 2006) are children of the deceased J (Death on November 16, 199) and the designated parties E, F, and G are the wife and children of the deceased I.

B. On April 24, 2012, the real estate listed in Attachment List No. 1 (hereinafter “instant land”) had completed the registration of transfer of co-ownership in the name of the Plaintiff, the Defendant, and the designated parties on the grounds of inheritance.

(Plaintiff, Defendant, Selection C, D, 7/35, Selection E 3/35, Selection F, and G 2/35). (C)

Attached Form

On April 24, 2012, the registration of ownership preservation in the name of the plaintiff, the defendant, and the designated parties was completed in the real estate listed in paragraph 2 of the list (hereinafter referred to as "the building of this case").

(Plaintiff, Defendant 42/140, Appointed C, 7/140, Appointed E 18/140, Appointed F, and G 12/140).

On the other hand, there was no agreement between the Plaintiff, the Defendant, and the designated parties on the method of dividing the instant land and buildings (hereinafter collectively referred to as “each of the instant real estate”).

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1 (including each number, if any), and the purport of whole pleading

2. Judgment on the main defense of this case

A. Defendant’s assertion 1) The Defendant asserts that the instant lawsuit is unlawful, since each of the instant real estate is inherited property, it ought to be divided according to the inherited property division procedure as prescribed by the Family Litigation Act. As such, the instant lawsuit seeking division as ordinary litigation procedures is asserted to be unlawful. 2) Moreover, the Plaintiff did not file the instant lawsuit based on his/her own intent. Therefore,

B. In a case where the registration of ownership transfer has been completed due to the co-inheritors's co-ownership of the inherited property on the ground of the inheritance of the inherited property in a situation where the co-inheritors did not reach an agreement on the division of inherited property or such agreement cannot be made, the division of the inherited property is a procedure for the division of inherited property, as prescribed