The judgment below is reversed and the case is remanded to Seoul High Court.

1. Case history

A. 13 co-owners, including the Plaintiffs (hereinafter “the Plaintiffs”) filed a lawsuit seeking partition of co-owned property against 34 other co-owners, including the Defendant, (hereinafter “the Defendants”), as Seoul Northern District Court 2007Gahap2477, Seoul Northern District Court 2007Mohap2477, against the Defendants.

On August 13, 2009, the first instance court rendered a judgment that the land of this case was divided in kind, and accordingly, the Supreme Court rendered a judgment that the plaintiffs would pay the price corresponding to the portion that the plaintiffs were divided in excess of their shares.

(hereinafter referred to as "the subject decision"). The part ordering the payment of money in the subject decision is "The plaintiff shall pay to each of the plaintiffs 81,915,047 won and 5% interest per annum from the day after the day of this decision to the day of full payment."

B. Although the Plaintiffs and some of the Defendants appealed on the subject judgment, they only maintained the appeal of some of the Defendants in the subject judgment (hereinafter “Appellants in the subject judgment”) due to the withdrawal of appeal.

On August 17, 2012, Seoul High Court issued a judgment ordering auction division by changing the subject case.

However, on July 10, 2014, the Supreme Court ruled that the appellate court's judgment ordering the division of auction was illegal and reversed and remanded.

After that, on November 19, 2014 and January 15, 2015, when the appellate court had been pending, the litigation for the claim for partition of co-owned property was completed by withdrawing the appeal in the order of the appellant.

C. On July 28, 2015, the Plaintiffs made the Defendant as the principal deposit and ordered payment from 81,915,047 won and the following day from January 16, 2015 to July 28, 2015, the date of withdrawal of appeal by all the petitioners of the subject judgment (hereinafter “the date of withdrawal of appeal of this case”).