1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the first instance except for the addition of the judgment of the defendant as to the assertion added or emphasized in the trial under Paragraph 2 below, and therefore, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The addition;

A. The gist of the defendant's assertion argues that although the plaintiff agreed that the 6/23 share of the 6/23 building of the building of this case was "seller's family shall continue to reside at the present residence" at the time of purchase from the defendant's pro-friendly D, the defendant's claim against the defendant for the division of the common property of this case against the defendant for the purpose of leaving the defendant's mother from the building of this case, seeking an auction division, not in kind,

B. The principle of trust and good faith under the Civil Act is an abstract norm that the parties to a legal relationship should not exercise their rights or perform their duties in a manner that violates the principle of trust and good faith, taking into account the other party’s interest, and provided good faith to the other party to deny the exercise of such rights on the ground that it violates the principle of good faith.

from an objective perspective, the other party must be in a legitimate state, and the exercise of rights against the other party’s faith should be in such a state that is not acceptable in light of the concept of justice.

Article 268(1) of the Civil Act (see, e.g., Supreme Court Decision 9Da53490, May 15, 2001). Then, the co-owners have one-way right to abolish the existing co-ownership relationship and to realize the legal relationship for distributing co-ownership among the co-owners, unless there is a special agreement prohibiting partition, etc. (see, e.g., Supreme Court Decision 9Da53490, May 15, 2001).

However, a period not exceeding five years.