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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Each of the facts below the basis facts is without dispute between the parties, or acknowledged in Gap, Eul, Eul, 5, 6, 7, 8, and 9, taking into account the overall purport of the pleadings.
A. The land of this case is owned by eight persons, including the Plaintiff, Defendant C, Nonparty B, Seoul Special Metropolitan City, E, F, G, and H.
B. On July 2012, Nonparty E applied for subdivision of the instant land to the Dongjak-gu Office, the competent authority, as prescribed by the Act on Special Cases Concerning the Partition of Co-Owned Land (amended by Act No. 11363, Feb. 22, 2012; hereinafter “the Act on Special Cases Concerning the Partition of Co-Owned Land”) with the consent of Nonparty F, Defendant C, and B, and the Dongjak-gu Committee on Co-Owned Land (hereinafter “Committee”) decided to commence subdivision of the instant land on September 17, 2012, and thereafter the following procedures were followed, as prescribed by the Act on Special Cases Concerning the Partition of Co-Owned Land:
- On or before September 20, 2012: Service of a written decision of commencing subdivision to co-owners of the instant land on or before October 2, 2012 - registration of decision of commencing subdivision - around October 24, 2012: Guidance for application for subdivision of co-owned land to co-owners of the instant land on or after January 4, 2013 - receipt of application for subdivision: Preparation of a cadastral survey on or before February 13, 2013 - preparation of the inspection of the result of subdivision - around February 25, 2013: around February 18, 2014: A notice for completion of inspection of the result of subdivision - around April 23, 2014: A written decision of the Committee (hereinafter referred to as “written decision of the Committee”) to co-owners of the instant land on or around April 23, 2014 - notification of the written objection to the Plaintiff and the written decision of the Plaintiff on March 24, 2014
C. The main contents of the protocol of subdivision of this case are as follows.
The area of the share before the partition of the divided owner shall be the area of liquidation after the division.