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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Determination
A. Although the Plaintiffs are registered as co-owned by the Plaintiffs and the Defendant in the order of the land listed in paragraphs (1) and (2) of the Attached List No. 1 (hereinafter referred to as “No. 1 land” and “No. 2 land”, including the land No. 1 and the land No. 2, the Plaintiffs, in fact, seek co-owned property partition against the Defendant, as described in the purport of the claim, by asserting that the Defendant purchased the portion indicated in the Attached Map No. 1 among the land No. 1 and the part No. 95.87 square meters and part No. 188.43 square meters among the land No. 2 and the land No. 2
On the other hand, as alleged by the plaintiffs, when the plaintiffs and the defendant own a specific part of the land of this case and completed the registration of co-ownership share in the registration, there is only the so-called mutual title trust relationship in which the other part of the land of this case is trusted to the purchaser in the name of the other part.
Thus, if the plaintiffs and the defendant are in a mutual title trust relationship with respect to the land of this case, the plaintiffs can seek implementation of the procedure for the registration of share ownership transfer based on the termination of title trust relation as to the specific part of the land of this case, but they cannot make a claim for partition of co-owned property as to the land of this case as co-ownership holder
Therefore, the plaintiffs' assertion is without merit.
B. Meanwhile, the instant land was originally owned by the Plaintiffs each 1/2 shares. However, on October 24, 2014, Plaintiff A specified and sold the attached Guide map 29 and the attached Guide map 57 out of the land No. 1 to the Defendant on December 31, 2014, and completed the registration of ownership transfer as to the Defendant’s share out of the land No. 2, No. 188.43/1,217 among the land No. 2, Dec. 31, 2014, for the convenience of registration.