1. The part against Defendant B among the instant lawsuit is dismissed.

2. The real estate listed in the annex list shall be put to an auction.

1. Facts of recognition;

A. The real estate listed in the separate sheet (hereinafter “instant land”) was jointly owned by Defendant B’s 4/7 shares, the Plaintiff, and the designated parties, respectively, at 1/7 shares, and on the ground of the instant land, the warehouse, manager, and retirement company owned by the Defendant B was located.

B. On December 6, 2019, Defendant B (Appointed) and Defendant B’s assignee C (hereinafter “Defendant B”) completed the registration of ownership transfer on shares in Defendant B-7 and its ground buildings among the instant land based on the sale on the same date.

C. There was no agreement on the partition of co-owned property as to the land of this case between the Plaintiff, the Intervenor, and the designated parties.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 4, the purport of the whole pleadings

2. Determination as to the legitimacy of a lawsuit against Defendant B

A. Inasmuch as a co-owner who claims partition of co-owned property becomes the plaintiff and the other co-owners become the co-defendant, where the whole share of some co-owners is transferred to a third party during the proceeding of a lawsuit as to partition of co-owned property, and the previous party who transferred the co-owned share remains without withdrawal even though the co-owner succeeded to or participated in the co-owned property claim lawsuit, the part concerning the previous party who did not withdraw is unlawful.

(see, e.g., Supreme Court Decision 2015Da50293, Feb. 18, 2016). B.

On December 6, 2019, when the lawsuit in this case is pending, it is apparent in the record that Defendant B did not withdraw from the lawsuit in this case even though the Intervenor acquired the entire shares of Defendant B among the land in this case and participated in the acquisition of the lawsuit in this case. Thus, the lawsuit against the above Defendant, who is not a co-owner of the land in this case, is unlawful as a lawsuit against a non-qualified person.

3. As to the claim against the defendant, the intervenor and the designated parties.