1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

2. All appeals filed by the Defendant (Counterclaim Plaintiff) and the Defendants are dismissed.

3...

1. A counterclaim that determines whether a counterclaim is lawful may be filed not later than the closure of pleadings by a fact-finding court;

(See Articles 412(1) and 269(1) of the Civil Procedure Act. It is evident that Defendant B’s counterclaim was received by this court on October 15, 2015, after the closing of argument in the appellate trial.

Therefore, Defendant B’s counterclaim is unlawful.

Defendant B asserted that the agreement on partition of co-owned property between the Plaintiff and the Defendant was constituted as the cause of the primary counterclaim claim. As to this argument, it is followed as Defendant B’s defense against the Plaintiff’s main claim.

The claim for partition of co-owned property by the conjunctive counterclaim is unlawful in this respect, since it is likely to harm the interests of the plaintiff.

Therefore, we cannot accept the application for resumption of argument on the grounds of Defendant B’s counterclaim.

2. Determination on the main claim

A. Basic facts 1) The land listed in the attached Table 2 List (hereinafter “instant land”).

The Plaintiff owned the instant land on April 24, 1970, after completing the registration of ownership transfer with respect to 1/3 shares of W, X, and 1/3 shares. However, on July 5, 1997, the Plaintiff acquired W shares and completed the registration of ownership transfer with respect to the instant land, thereby owning 2/3 shares of the instant land. The remainder of X-3 shares transferred toY on April 21, 1998, and transferred to H, Z, A, AE, AE, AC, and AI, and Defendant B transferred shares to 1,352.5 shares on August 16, 200, AA-4, 1,352.5 shares on August 4, 200, 17, 11.2/43 shares on August 17, 2005, and 4, 2009, and 1/37/14 of the instant building shares on October 26, 2009.

Since then, Defendant B shares AC through voluntary auction on August 16, 2002.