1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. Nonparty C filed a transfer registration on September 27, 2007 with respect to the share of 944/8287, among the shares of D forest land 8287 square meters (hereinafter referred to as “real estate before subdivision”) in Namyang-si, Namyang-si, Gyeonggi-do, with respect to the share of 2727/8287, on the ground of sale on September 5, 2007 with respect to the share of 2727/8287.

B. C obtained a share transfer registration from Nonparty F on September 27, 2007 on the grounds of sale on September 10, 2007 with respect to the share of 1983/8287 shares of the real estate before subdivision from Nonparty F, and thereby, C and E, the Plaintiff, respectively, owned real estate before subdivision in proportion to the share of 4616/827, 2727/8287, 94/8287.

C. After October 4, 2007, C filed a provisional registration of the right to claim a transfer of the entire share (hereinafter “provisional registration of this case”) with respect to its share (4616/8287) out of the immovable property before subdivision on October 4, 2007, on the grounds of the promise to sell and purchase as of October 4, 2006, and ② the establishment registration of a mortgage with a maximum claim amount of one billion won (1 billion won) was completed on October 4, 2007.

The previous real estate was divided into ① 354 square meters of D forest land, ② G forest 944 square meters (hereinafter “instant real estate”), ③ H forest 2727 square meters, ④ 1262 square meters of 1262 square meters, based on the partition of co-owned property on December 6, 2007, and was transferred to each real estate register on January 8, 2008. The Plaintiff acquired the instant real estate among them, and C acquired the private ownership of 3354 square meters of D forest land as co-owned property.

E. However, D forest land, which was divided into C, was sold to Nonparty J during the voluntary auction on October 18, 2010, and on November 23, 2010, the provisional registration of the Defendant’s right to claim for transfer of ownership and the registration of the establishment of a neighboring forest was cancelled, respectively.

[Ground of recognition] Evidence Nos. 1 and 2, witness K's testimony, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion is that C, a seller, does not have any legal limitation on the partition of co-owned property and the divided real estate of this case.