1. The plaintiff's claim of this case is dismissed.

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

1. The Plaintiff’s assertion is a co-owner who purchased 151/1941 shares out of the instant real estate on January 20, 1990 and acquired ownership on July 15, 1998. The Defendant acquired ownership of 430/1941 shares out of the instant real estate on June 29, 191 on the ground of inheritance on June 23, 1991. Thus, if it is impossible to divide the instant real estate in kind or divide it in kind, as stated in the purport of the claim, the Plaintiff seeks to divide the remaining money by selling it to an auction and deducting the auction expenses according to the share ratio of the original Defendant.

2. Determination

A. Division of co-ownership under Article 268 of the Civil Act refers to the resolution of co-ownership relation as to the objects of co-ownership through the exchange or sale of shares between co-owners, and the objects of co-ownership are subject to co-ownership (see, e.g., Supreme Court Decision 2002Da4580, Apr. 12, 2002). Thus, the subject of partition is limited to co-ownership (see, e.g., Supreme Court Decision 2002Da4580, Apr. 12, 2002). In addition, where several persons purchase part of the land at each location and complete the registration of co-ownership, and only the registration of ownership transfer is completed for convenience, the ownership of each specific purchased part is acquired

(See Supreme Court en banc Decision 79Da634 delivered on December 9, 1980, etc.). As to the land for which a mutual title trust relationship has been established, one party to the title holder of co-ownership share can not file a co-owned property partition with the other party on the premise that one party to

B. (See, e.g., Supreme Court Decision 91Da44216, Dec. 8, 1992).

Facts of recognition

1) The network D (hereinafter “D”)

(C) On February 26, 1973, 1941m2 (hereinafter “real estate before subdivision”) shall be deemed as C forest land 1,941m2 (hereinafter “real estate before subdivision”).

B. A purchase on February 28, 1973 and completing the registration of ownership transfer in its name, and around 1976, E shall be marked with the attached drawings 10, 11, 12, 13 of the real estate before the split-off.