1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. There was no partition agreement on the land indicated in the attached list owned by the Plaintiff and the Defendant (hereinafter “instant land”)

However, since it is appropriate to divide the land of this case into the current state possessed by the Plaintiff and the Defendant, the land of this case shall be divided in kind, such as the claim Nos. 1 through 4, and the benefit that the Defendant gains in excess of its own shares shall be returned to the Plaintiff.

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.

Facts of recognition

1) On July 18, 1983, F acquired the ownership of B land (divided with B and D land on September 3, 2001) prior to subdivision. 2) G acquired the ownership of C land prior to subdivision on May 29, 1987 (divided with C and E land on September 4, 2001) and constructed a new building on that ground.