2. The plaintiff (appointed)'s claim is dismissed.

3. The total cost of the lawsuit.

2. The assertion and judgment

A. The plaintiff and the designated parties asserted that they share the land and buildings of this case with the defendant. The land and buildings of this case cannot be divided in kind due to their nature, and thus, they should sell the above real estate to auction and divide the proceeds therefrom according to their co-ownership ratio.

On the other hand, the defendant asserts that the plaintiff, the designated parties and the defendant can not claim a partition of co-owned property, regardless of the fact that the plaintiff and the designated parties seek a share transfer registration procedure based on the termination of title trust.

B. Determination 1) A sectionally owned co-ownership relationship is established when co-owners agree to specify the location and size of a parcel of land and to allocate a specific portion exclusively to each co-owner (see, e.g., Supreme Court Decision 2008Da44313, Mar. 26, 2009). A co-owner’s co-ownership relationship is established when two or more co-owners agree to allocate sectional ownership in the proportion of the area of each sectional ownership for convenience, in which the location and size of the building are specified, and the independent part for structural structure and use is divided ownership (see, e.g., Supreme Court Order 2000Ma2633, Jun. 15, 2001). In addition, if the co-ownership was transferred before a specific part and completed a co-ownership registration, it constitutes the so-called sectionally owned co-ownership relationship between the first transferor and the last transferee and the transferee of the part (see, e.g., Supreme Court Decision 95Da5396, Apr. 19, 1996).