1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The parties' assertion

A. The plaintiff's assertion and the defendant shared each real estate listed in the separate sheet, and they cannot divide it into kind due to its nature. Thus, they claim that the above real estate should be sold to auction and distributed according to their share ratio.

B. The plaintiff and the defendant asserted that the above real estate is not subject to partition of co-owned property, since they are co-ownership relations.

2. Determination

A. The relevant legal doctrine’s sectionally owned co-ownership relationship is established in a case where co-owners agree to specify the location and size of a parcel of land and to divide ownership among co-owners, but the co-owners intend to exclusively revert a specific portion to each co-owner (see, e.g., Supreme Court Decision 2008Da44313, Mar. 26, 2009). If a specific part is transferred entirely and the co-ownership registration has been completed accordingly, the status of mutual title trust is succeeded to the status of the first transferor and the last transferee of the specific part, thereby establishing a title trust relationship between the first transferor and the last transferee of

(See Supreme Court Decision 95Da40939 delivered on October 25, 1996, etc.). A person who partitioned ownership of a specific part in a mutual title trust relation or sectionally owned co-ownership relation can seek performance of the share transfer registration procedure based on the cancellation of title trust as to the specific part against the person holding a share registration in a trust relation, and can not seek a partition of co-owned property as to the whole real estate.

(see, e.g., Supreme Court Decision 2006Da84171, May 27, 2010). B.

Facts of recognition

The following facts are not disputed between the parties, or may be recognized by comprehensively considering the overall purport of the pleadings in each entry or video of Gap evidence Nos. 1, 3, 4 (including each number in the case of serial numbers), and Eul evidence Nos. 1 through 8:

1 Manyang-si 512 square meters of CJ was registered as co-ownership D and Defendant’s mother-friendly E, and on May 3, 2005.