On February 8, 200, the defendant completed the registration of transfer of ownership on January 11, 2000 with respect to the share of 93.8/50 of the land of this case to D Co., Ltd. (hereinafter referred to as D) on February 8, 200.

In the auction case involving D’s share in D’s 93.8/500 among the land in this case (hereinafter “auction of this case”), the Plaintiff paid in full the purchase price on September 20, 2019 and completed the registration of transfer of ownership on September 26, 2019.

There was no agreement between the Plaintiff and the Defendant on the division of co-owned properties on the instant land.

[Grounds for Recognition] Unsatisfy, Gap 1, 2, 6, the purport of the whole pleadings

2. Determination

A. As long as an agreement on the method of dividing the instant land has not been reached between the Plaintiff and the Defendant as of the date of the conclusion of pleadings, the Plaintiff may file a claim against the Defendant for partition of the jointly owned property.

B. The defendant's assertion of co-ownership relation 1) The defendant's assertion of co-ownership relation 1) the defendant sold the part of the land of this case possessed by D to D and completed the registration of transfer of ownership as to the portion corresponding to the occupied area.

As a result, the co-ownership relationship between the defendant and D on the land of this case was established.

The plaintiff was well aware that the land of this case was in the sectionally owned co-ownership relationship, and the auction of this case was also treated as representing the sectionally owned co-ownership relationship.

The plaintiff acquired D's sectionally owned co-ownership at the auction of this case, and therefore succeeded to D's sectionally owned co-ownership relationship as it is.

The plaintiff's demand for partition of the article jointly owned is not allowed.

2) In the auction of this case, the executing court shall be D's whole land of this case.