1. The plaintiff's claim is dismissed.

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

1. On December 29, 1966, Defendant B and G (name H prior to the opening of the name), and I completed the registration of ownership transfer of consolidated oil on the ground of sale, with respect to the 2nd 3rd 4th f forest land in Gwangjuyang-si on December 29, 196 (hereinafter “instant land”).

Since then, I died, and the defendant C, D, and E shared inheritance of I's property.

J, Inc. filed a lawsuit against G to seek a loan to this court (2006 Ghana 15933), and rendered a favorable judgment on April 6, 2007.

G appealed against the above judgment (Seoul District Court 2017Na3440), and in the appellate trial, the plaintiff was succeeded to the succeeding intervenor by J (Korean Deposit Insurance Corporation in Bankruptcy Co., Ltd.).

On June 28, 2018, the appellate court rendered a judgment in favor of the Plaintiff that “G shall pay KRW 43,703,415 to the Plaintiff.”

Although G appealed against the judgment of the appellate court and appealed, the Supreme Court sentenced on October 26, 2018 the judgment dismissing G's appeal (Supreme Court Decision 2018Da39181) and the judgment of the appellate court became final and conclusive.

[Reasons for Recognition] Unsatisfy, Gap 1, 2 (including virtual numbers), the purport of the whole pleadings

2. The Plaintiff’s assertion is jointly owned by G and the Defendants. The Plaintiff, as G’s creditor, shall exercise the right of partition of co-owned property on the instant land by subrogation of the obligor G’s claim

3. As seen earlier, G, I, and Defendant B purchased the instant land and completed a joint registration rather than a joint ownership registration. As such, it is reasonable to presume that they completed the joint ownership registration of the instant land as a partnership with the intent to own the instant land as a partnership by virtue of the presumption of joint ownership registration. It is difficult to view that the presumption capacity of joint ownership registration was broken solely on the evidence No. 3.

Even as alleged by the Plaintiff, G and the Defendants shared the instant land.

Even if it is not extremely exceptional, the monetary claimant can exercise the right to make a partition of co-owned property on real estate.