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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On the buildings listed in Paragraph 2 of the same Table on the land listed in the annexed Table No. 1 (hereinafter “instant land”) of the land listed in the annexed Table No. 1 (hereinafter “instant building”), the main building is located in B where the main building, the main building, and the single dub repair are specialized.
B. Co-owners of the instant building share a specific store on the first floor, and the registration was made in proportion to the plane of the area occupied by each co-owner of the instant building as to the total floor area of 4,808.53 square meters converted from the total floor area of 4,808.573 square meters of the instant building.
C. On March 28, 200, the Plaintiff received 17.22/68 shares of the instant land and 33.185/1,4.5 shares of the instant building, which were owned as D in the Daejeon District Court C real estate auction case, and completed the registration of ownership transfer on March 31, 200.
(At present, the Plaintiff’s share of co-ownership in the instant land is 378,840/15,136,00, and the co-ownership share in the instant building is 32,000,600/60, respectively).
D under an agreement with other co-owners of the instant building, a specific store “70” E and “310” was partitioned among the first floor of the instant building. In the auction procedure for the sale of the said real estate, D is treated as indicating the sectional co-ownership relationship with regard to the said specific part, and the appraisal and the lowest auction price was determined and auction was conducted (the appraisal report shall be sold 6.71m2, 19.71m2, 19.71m2, 19.55m2, 18.5m2, 0.21m21m2, E underground, 9.5m28.15m2, 26.5m2, 26.5m2, 28.5m2, and 0.3m2, 000m2, and 1st floor of the instant building shall be included in the portion of the instant building, and the portion of the instant building is not divided into the share ratio for use or profit-making.
The plaintiff succeeded to the co-ownership of D's sectional ownership as it is.
E. The defendant is a sectioned building of B market.