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 and the Defendant shared the land indicated in the separate sheet (hereinafter “instant land”). Since the Plaintiff and the Defendant did not reach an agreement on the method of partition of the instant land between the Plaintiff and the Defendant, the Plaintiff may file a claim against the Defendant, who is another co-owner for the auction division pursuant to Article 269(2) of the Civil Act.

B. Since the Plaintiff and the Defendant have sectionally owned co-ownership relation to the instant land, the instant land is not subject to partition of co-owned property.

2. Determination

A. In a case where a part of the land in a mutual title trust relation or sectionally owned co-ownership relation is assigned by specifying and completing a co-ownership registration as to the whole part for convenience, the registration of a trustee under mutual title trust becomes effective, and if the specific part is transferred before it and accordingly the co-ownership registration has been completed, the title trust relation between the first transferor and the last transferee of the specific part is established (see, e.g., Supreme Court Decision 88Da14366, Jun. 26, 1990). A person who sectional ownership of the specific part of land in a mutual title trust relation or sectionally owned co-ownership relation can seek implementation of share transfer registration procedure against the person who has a share registration as to that part, on the ground of termination of title trust as to that part, only can seek a partition of co-owned property as to the whole land.

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

1) In fact, D owns the instant land and its ground buildings (Edong, Fdong, etc.). On November 18, 201, D around November 18, 201, the Defendant used the Fdong building ( Class 1, Class 2 neighborhood living facilities, Class 2 neighborhood living facilities, Class 1, 2 neighborhood living facilities, 114.36 square meters, hereinafter referred to as “instant building”).

In order to sell and sell the land at issue on February 16, 2012, the defendant on February 16, 2012 as to the share of 190/2219 out of the land at issue.