1. The plaintiff's lawsuit against the defendant shall be dismissed.

2. Each real estate listed in the separate sheet shall be put up for auction.

1. Facts of recognition;

A. On October 25, 201, the Plaintiff and D (the deceased on July 12, 2014) were the same month with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

5. The registration of ownership transfer was made on each half portion by reason of sale.

Since then, D donated 4/12 of its shares to the defendant succeeding intervenor, and the ownership transfer registration was made on July 31, 2012 in the name of the defendant succeeding intervenor.

B. On December 5, 2013, the Defendant completed the registration of ownership transfer on the ground of sale on November 5 of the same year with respect to the shares of the Defendant’s succeeding intervenor, and thereafter, the Defendant’s succeeding intervenor made the registration of ownership transfer on November 29, 2019.

8. 14. The registration of ownership transfer was completed on the grounds of the decision of mediation.

C. On the other hand, on October 25, 2016, the Plaintiff completed the registration of ownership transfer on July 12, 2014 for one-six of the remaining shares owned by the network D based on inheritance by agreement division.

As a result, the Plaintiff owned 2/3 shares in each of the instant real estate, and the Intervenor succeeding to the Defendant owned 1/3 shares respectively.

On December 4, 2019, the Defendant’s successor filed a motion for intervention in succession with this court, and this court permitted this.

E. The Plaintiff and the Defendant succeeding Intervenor did not have an agreement prohibiting partition of co-owned property as to each of the instant real estate, but did not have a specific agreement on the method of partition

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-2, Eul evidence Nos. 1-2, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's lawsuit seeking partition of co-owned property is the lawsuit in which the co-owner claiming partition of co-owned property becomes the plaintiff and the other co-owner shall become the co-defendant, and there is no standing to be a party except the co-owner.

As seen above, the defendant is among co-owners of each real estate of this case.