A. On May 10, 197, the Defendant purchased a 15/27 share of 3,640 square meters (hereinafter “instant land”) in Busan-si, Busan-si (hereinafter “instant land”) and owns it up to the present day.

B. On March 12, 2019, the Plaintiff acquired D’s 12/27 shares in relation to the instant land from a compulsory auction procedure (Tgu District Court E; hereinafter “instant auction procedure”), and completed the registration of ownership transfer in the name of the Plaintiff as to the said shares on the ground of a sale by compulsory auction conducted on March 19, 2019.

C. Although the Plaintiff attempted to conduct on-the-spot division consultation with the Defendant regarding the instant land, the Defendant did not reach an agreement on the method of subdivision of the instant land between the Plaintiff and the Defendant, by the date of closing argument, on the following grounds: (a) in the case of the Defendant’s in-kind division by asserting that the part A in the attached drawing was occupied by the Defendant as a whole owner of the shares acquired by succession; and (b) in the case of the said part A, the Defendant wishes to divide the said part; (c)

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff and the Defendant, as co-owners of the instant land, agreed not to divide the instant land into the Plaintiff and the Defendant, and did not reach an agreement on subdivision of the instant land. As such, the Plaintiff has the right to file a claim against the Defendant, who are other co-owners, to divide the instant land.

B. The ownership relationship between the Plaintiff and the Defendant with respect to the instant land is not a genuine co-ownership relationship, but a sectional co-ownership relationship. Therefore, the resolution of such relationship is not based on the partition of co-owned property.

3. Determination

A. If the relevant legal principles agree to divide co-owners into co-owners, and each part of the co-ownership divided as owned by them has been occupied and used in a specific manner from that time, the form of co-owners’ ownership is divided into sectional ownership.