A. The Plaintiff filed a lawsuit with Busan District Court No. 2010Dada334149 to seek payment of the amount of KRW 7,530,080 as well as KRW 4,312,764 as to KRW 19% per annum from August 23, 1999 to the date of complete payment, and received a favorable judgment.

B. The Plaintiff revoked the donation agreement concluded between Defendant A and Defendant A on October 30, 2012 with respect to 3/15 shares of the real estate listed in the attached Table No. 3/15 among the real estate listed in the attached Table No. 2014Gada4127 with the Changwon District Court, and the Defendant A filed a lawsuit against Defendant E to implement the procedure for cancellation of the ownership transfer registration completed with respect to the said shares, and the said registration of ownership transfer was revoked pursuant to the above judgment.

C. At present, real estate listed in the separate sheet is owned by E and the Defendants (E 3/15 shares, Defendant A9/15 shares, Defendant B, C, and D 1/15 shares), and E and the Defendants did not reach an agreement on the division of real estate jointly owned in the separate sheet. D.

E There is no particular property other than 3/15 shares of the real estate listed in the attached list.

[Ground of recognition] Uncontentious facts, entry of evidence A1 to 7, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff did not seek the division of the article jointly owned by the Plaintiff, the owner of the real estate listed in the separate sheet, in subrogation of E, without any particular property other than 3/15 shares among the real estate listed in the separate sheet. If a compulsory auction is conducted only with respect to the above shares, the Plaintiff does not seek the division of the article jointly owned by the Defendant, the owner of the other real estate listed in the separate sheet, in lieu of E.

B. Defendant A asserts that it is improper for the Plaintiff to seek an auction beyond E’s share among the real estate listed in the separate sheet by exercising the obligee’s subrogation right, and thus, Defendant A cannot respond to the Plaintiff’s request.

3. Determination

A. Claim for partition of co-owned property