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

2. It shall be put up for auction sale G forest land of 18843m2 in Leecheon-si.

1. As of the date of the closing of argument, comprehensively taking account of the purport of evidence Nos. 1 and evidence Nos. 2, the facts that the Plaintiff, Defendant B, Defendant C, and Defendant D’s acquiring participant E, and Defendant D’s acquiring participant F shared the land of G forest No. 18843 square meters (hereinafter “instant real estate”) as of the date of the closing of argument, and that the agreement on the method of subdivision between the said parties was not concluded, and that no special agreement on the prohibition of subdivision exists with respect to the instant real estate.

2. We examine ex officio the plaintiff's lawsuit against defendant D as to the legitimacy of the lawsuit, and since the co-owner claiming a partition of co-owned property becomes the plaintiff and all other co-owners shall become the co-defendant. Thus, in case where the whole share of some co-owners during the lawsuit as to a partition of co-owned property is transferred to a third party while the co-owners participated in the lawsuit as to a partition of co-owned property, and the co-owner's co-owned share remains without withdrawal of the previous party who transferred the co-owned share even though

(See Supreme Court Decision 2015Da50293 Decided February 18, 2016). Defendant D, with respect to the instant real estate, completed the registration of transfer of ownership based on sale and purchase on May 30, 2016, to Defendant D’s assignee E and F on June 10, 2016 during the instant lawsuit. The Plaintiff submitted an application for correction to the effect that the Plaintiff filed an application for intervention on July 3, 2016 on the ground that the said share was transferred, and issued a decision to participate in the acquisition on July 19, 2016; the fact that Defendant D failed to express his/her intent to withdraw in the instant lawsuit can be recognized or is apparent in records by taking into account the entire purport of pleadings as stated in subparagraph 2.

Examining these facts in light of the legal principles as seen earlier, the Plaintiff’s lawsuit against Defendant D is jointly owned.