1. The plaintiff's lawsuit of this case is dismissed.

2. The defendant shall receive KRW 2,795,775 from the intervenor succeeding to the plaintiff.

1. Basic facts

A. The instant land is land owned by the Plaintiff at the 1,162/1,174 shares, and the Defendant at the 12/1,174 shares.

B. On July 1, 2020, the successor intervenor purchased neighboring land including the Plaintiff’s 1,162/1,174 shares out of the instant land from the Plaintiff while the instant lawsuit was pending, and completed the registration of ownership transfer on July 31, 2020 as to the portion of 1,162/1,174 shares out of the instant land.

C. Of the instant land, the market value of the Defendant’s 12/1,174 shares is equivalent to KRW 2,795,775 at the time of the closing of the instant argument.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, result of the market price appraisal of appraiser E, and purport of whole pleadings

2. ex officio determination as to the legitimacy of the Plaintiff’s lawsuit in this case, on the ground that the Plaintiff is a co-owner of the land in this case, and as to the lawfulness of the Plaintiff’s lawsuit in this case, the health room, and the co-owner’s lawsuit claiming partition of co-owned property becomes the Plaintiff and the other co-owners should become the co-defendant. Thus, in case where the whole shares of some co-owners during the lawsuit as to partition of co-owned property are transferred to a third party, and the transferee participated in the lawsuit as to partition of co-owned property, and the previous party who transferred the co-owned share remains without withdrawal, even though the transferee participated in the lawsuit as to partition of co-owned property, the part concerning the previous party, which did not withdraw, is unlawful (see, e.g., Supreme Court Decision 2015Da50293, Feb. 18, 2016). According to the above recognition,

3. Judgment on the claims of the succeeding intervenor

A. According to the above acknowledged facts, the successor, who is the co-owner of the land of this case, shall divide the land of this case to the defendant who is the other co-owner.