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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. On March 8, 1995, the registration date of co-owner's share transfer (the grounds for registration) (the transfer registration (the sale dated October 25, 1985) of the defendant C6,397/109, and 191 of March 31, 2003, the registration date of share transfer as of March 31, 2003 (the inheritance by the division dated March 6, 2003) of the defendant E-friendly Association of 35,408/109, 191, and the transfer registration of share as of March 29, 1995 (the sale as of October 25, 1985) of the defendant F30/36, 397, 197, and the transfer registration of share as of March 8, 1995 (the sale and purchase as of October 25, 1975) of the plaintiff and the defendants as of March 36, 1985 and the plaintiff and the defendant's share transfer.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 3, and 8 evidence, purport of the whole pleadings
2. Whether the partition of co-owned property is possible (unlawful);
(a) If an agreement on the method of partition of an article jointly owned by a legal entity is not reached, co-owners may request the court for partition (Article 269(1) of the Civil Act), and if it is impossible to divide the article in kind in kind or the value thereof is likely to be reduced remarkably due to the division, the court may order the auction of the article.
(Article 269(2) of the Civil Act. In the case of dividing an article jointly owned by a trial, if it is impossible to divide it in kind or if it is possible to divide it in kind in kind, it is possible to divide the amount into money by ordering the auction of the article when the value thereof is likely to be significantly reduced, and in this context, the requirement that the article cannot be divided into money in kind is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, use status, and use value after the division, etc.
In addition, "if the value of the portion is to be reduced remarkably if it is divided in kind," the value of the portion to be owned independently by the co-owner may be reduced remarkably than the value of the share before the division, even if the co-owner is a person.