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1.The judgment of the first instance shall be modified as follows:
List of indications of real estate in the part of rejection or dismissal.
Reasons
1. Basic facts
A. The Plaintiffs and the Defendants owned each real estate indicated in the list of real estate indications listed in the attached Table 3 with 1/6 shares, respectively.
B. On August 3, 2010, J purchased 1/6 each of the above Defendants’ shares in real estate Nos. 1 through 3 as to the real estate indicated in the list of the real estate indicated in [Attachment 1] to be dismissed from Defendant A and B on August 3, 2010, and completed the registration of ownership transfer on August 6, 2010.
(2) On March 26, 2009, the Korea Rural Community Corporation purchased real estate Nos. 4 and 5 as stated in the Plaintiffs and the Defendants, and completed the registration of ownership transfer on March 31, 2009.
(3) On May 26, 2008, K acquired 1/6 shares of Defendant E with respect to real estate Nos. 6 through 11 of annexed sheet 1 through a compulsory auction procedure, and completed the registration of transfer of shares on September 16, 2008.
(4) L was donated from K on October 6, 2008 12/90 of K’s equity 15/90 of K’s equity 15/90 on real property Nos. 6 through 11 of annexed sheet 1, and completed the transfer registration on March 6, 2009.
(5) M acquired 1/6 of the shares of Plaintiff A and B in real estate No. 12 as of September 30, 2008 through a voluntary auction procedure, and completed the registration of transfer of shares on March 6, 2009.
C. On August 17, 2007, Defendant E’s acquiring 1/6 of the shares of Defendant E in relation to real estate Nos. 2 through 4 as indicated in the indication of real estate subject to Attached 2 (Attachment 2) on August 17, 2007, and completing the registration of transfer of shares on October 15, 2007.
The current owners and their shares in each of the real estate in this case shall be as shown in the column for the owners of each list in attached Tables 1 and 2.
2. As to the legitimacy of the litigation as to real estate as set forth in the annexed sheet 1 to 3 and 6 to 12, the co-owners who seek partition is different from the co-owners who seek partition as an essential co-litigation in which legal relationship should be jointly determined against all the co-owners.