1. Of the judgment of the court of first instance, the revocation part of the claim for partition of co-owned property shall be revoked, and the revocation part shall be rendered as the original court.

1. Basic facts

A. On July 2, 1975, the Plaintiff completed the registration of ownership transfer under the Plaintiff’s name on the grounds of the completion of repayment on May 21, 1975 with respect to the land of 2,574 square meters in Gangwon-gun, Gangwon-gu, Seoul-gun, Seoul-do (hereinafter “instant land before the instant subdivision”). On October 21, 1985, the Plaintiff completed the registration of ownership transfer on the portion of 1,894/2,574 out of the said land to the W Housing Association on October 21, 1985.

B. Around March 1987, the W Housing Association newly constructed a three-story tenement house (hereinafter “instant condominium”) which is an aggregate building in part of the land before the instant partition, and completed the registration of ownership transfer with respect to each section of exclusive ownership to X, etc. who is its member.

C. The W Housing Association completed the registration of ownership transfer for X, etc. on June 11, 1987 with respect to each portion of 1,894/46,32 shares of the land before the instant partition on June 15, 1987, and next day, the registration of ownership transfer for X, etc. was completed on the land before the instant partition.

The land before the division of this case was divided into each land of this case around October 1, 2006.

E. The instant condominium is currently located on the ground specified in paragraph (1) of the attached Table, and Defendant B, etc. owns each section of exclusive ownership.

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

2. Part demanding partition of co-owned property

A. The Plaintiff asserted by the parties against the Defendants for the partition of co-owned property as to each of the instant lands. As to this, the Defendants are the co-owners of the instant aggregate building, and they do not constitute co-owners of each of the instant lands, and they claim for partition of co-owned property against them as unlawful.

(b) Article 20(1) and the main sentence of Article 20(2) of the Act on the Ownership and Management of Aggregate Buildings shall apply to the right of a sectional owner to use the site according to the disposition of his/her exclusive ownership

A sectional owner may dispose of the right to use site separately from his section of exclusive ownership.