1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. Attached Form 1 4. An appraisal map in attached Form 1,802 square meters among the forest land D 1,802 square meters in Gyeongcheon-gun, Chungcheongnam-gun.

Facts of recognition

A. The Plaintiff and the Defendants shared Plaintiff 2/4’s shares and 1/4’s shares, respectively, in the proportion of Plaintiff 2/4 shares and 1/4 shares, respectively.

B. On December 9, 2020, Defendant C purchased the shares of Defendant B from Defendant B in the instant land during the instant lawsuit, and completed the registration of the transfer of shares on December 18, 2020.

Accordingly, 2/4 of the instant land became jointly owned by the Plaintiff, and the remainder became jointly owned by Defendant C.

(c)

On January 11, 2021, Defendant C filed a motion to succeed to Defendant B with this Court for participation, and this Court permitted this.

(d)

Of the instant land, there is a house owned by the Defendant C (hereinafter “instant house”) on the size of 833 square meters in order to connect each point of attached Table 1 through 4, 18, 19, 15, 16, 17, and 1 among the instant land, and the said appraisal is used as a passage to the instant house for the entry of 68 square meters in the ship, which connects each point of 14,20, 12, 13, and 14.

E. Prior to the filing of the instant lawsuit, there was no agreement between the Plaintiff and the Defendant C on the prohibition of partition of the pertinent land, and there was no agreement on the method of partition.

[Ground of recognition] A without dispute, Gap's evidence Nos. 1 through 4, 9, 10, Eul's evidence Nos. 1 through 5, and the purport of the whole pleadings as to the plaintiff's claim for partition of co-owned property against defendant B as the plaintiff and the other co-owners are not eligible as co-owners except the co-owners.

As seen in the above facts, Defendant B, one of the co-owners of the instant land, was transferred to Defendant C during the course of the instant lawsuit, thereby losing the status of co-owner of the instant land.

Therefore, among the instant lawsuits, the claim against Defendant B was filed against a person who is not qualified as a party.