Text
1. Revocation of the first instance judgment.
2. The costs of auction shall be incurred from the sale of the real estate listed in the annex No. 1 to the auction.
Reasons
1. Basic facts
A. As to the real estate listed in the separate sheet 1 (hereinafter “instant one real estate”), the Plaintiff, Defendant F, E, and D shared each of 4/30 shares, each of 6/30 shares, each of 6/30 shares, and Defendant H and C shared each of 1/30 shares, respectively.
B. As to the real estate listed in the separate sheet 2 (hereinafter “instant two real estate”), the Plaintiff, Defendant F, E, and G shared 4/30 shares, respectively, and the Defendant Kuwon Development Co., Ltd. (hereinafter “Defendant Kuwon Development”), the network P shared 6/30 shares, and 1/30 shares, respectively.
C. The deceased on June 25, 1993, and the deceased on June 25, 1993, and the deceased on the part of Defendant B, H, I, J, E, K, K, and net Q Q, who are the children of the network P, inherited the shares of each of the instant real estate in proportion to one-seven percent.
The deceased on Nov. 2, 2008, and the deceased on Dec. 2, 2008, as to the share of each of the instant real estate inherited by the deceased Q from the deceased P, Defendant L, who was the denial of the net Q, succeeded to 2/3 ratio by 1/3 ratio, and Defendant M, the children of the net Q, respectively.
E. The proportion of the Plaintiff and the Defendants’ co-ownership of each of the instant real estate as of the present time due to the death of net P and Q and the inheritance of their inheritors is as listed below.
The real estate of this case No. 140/1050 Plaintiffs C35/1050, Defendant F 140/1050, Defendant F 140/1050, Defendant D 140/1050, Defendant G 140/1050, Defendant B 240/1050, Defendant E 170/1050, Defendant E 170/1050, Defendant H 65/1050, Defendant H 65/1050, Defendant C35/1050, Defendant C35/1050, Defendant C 30/1050, Defendant B30/1050, Defendant J 30/1050, Defendant M10/1050, Defendant M10/30/1050, and Defendant C/105/30/1050, respectively, and Defendant C/105/105/30/105/305/30, respectively.
2. Determination on the cause of the claim
(a) Division of co-owned property by judgment shall be in principle divided in kind as far as it is possible to make a rational partition according to the share of each co-owner, and it shall be divided in kind.