1. The plaintiff's claim is dismissed.

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

The plaintiff asserts that since the plaintiff owns the shares listed in the column for plaintiff in the separate sheet No. 2 among the real estate listed in the separate sheet No. 1 (hereinafter referred to as "real estate of this case"), it is necessary to conduct auction division for reasons such as the existence of a building on the real estate of this case.

On this issue, the defendant asserts that the co-ownership relationship with the plaintiff is impossible since the co-ownership relationship is dividedly owned.

Judgment

Where part of the real estate is purchased by specifying it and only one parcel for convenience, the registration of co-ownership transfer for the part other than the specific part is in mutual title trust relation or sectionally owned co-ownership relation. In the sectionally owned co-ownership relation, the sectional owner of the specific part of the real estate can seek performance of the share transfer registration procedure based on the cancellation of title trust for the specific part against the person holding the share registration for the specific part, and can not seek a partition of co-owned property for the whole part of the real estate.

In the instant case, the Plaintiff and the Defendant shared the instant real estate according to their respective shares listed in the separate sheet Nos. 1 through 5, B through 5, and 7 (including each number), although there is no dispute between the parties. Meanwhile, in full view of the overall purport of the pleadings or videos as of August 13, 1985, the Plaintiff owned 26/179 shares in the instant real estate as of August 13, 1985, and the Defendant owned 16.7 square meters in the Plaintiff’s share (i.e., 115.1 square meters x 26/179), the Defendant’s share corresponds to 98.4 square meters in the Plaintiff’s share (i.e., 115.1 square meters x 15.1 square meters x 153/179), and thereafter, the Plaintiff filed an application for purchase of all shares of the Defendant around 1989.