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

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

1. Basic facts

A. On October 11, 2013, the Defendant completed the registration of transfer of ownership with respect to the shares 1,088/1,216 of each of the instant real estate by the Suwon District Court No. 33627, Oct. 15, 2013, which was received on October 15, 2013.

B. The Plaintiff purchased the shares of 128/1,216 of each of the instant real estate from June 5, 2014 to the compulsory auction procedure conducted to Suwon District Court Pyeongtaek District Court C, and completed the registration of ownership transfer as the receipt No. 17708, Jun. 10, 2014.

C. Each real estate of this case is adjoining each other, and the part corresponding to the Plaintiff’s share ratio of the total area of 407 square meters and 414 square meters, respectively, is 86.421 square meters [ = (407 square meters) x (128/1,216 square meters) x (128/1,216), and a small number of decimal places.]

Each real estate of this case is located in a designated place as a general commercial area, and there is no building on the ground.

E. Under Article 57 of the Building Act, the general commercial area in which each real estate of this case is located is 150 square meters of the division restriction area in accordance with Article 57 of the Building Act, Article 80 of the Enforcement Decree of the Building Act, Article 26 of the Building Ordinance, Article 56 of the National Land Planning and Utilization Act, Article 51 of the Enforcement Decree of the same Act, and Article

F. After acquiring shares in each of the instant real estate, the Plaintiff claimed a partition of co-owned property to the Defendant by means of purchase of shares, but did not reach an agreement with the Defendant.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 6 evidence, Eul's 1 through 3 (including Serial number), the whole purport of pleading

2. We examine ex officio the determination on the legitimacy of the counterclaim of this case (ex officio determination).

A lawsuit for partition of co-owned property instituted in the court due to the absence of agreement among co-owners is a lawsuit for formation, and the court shall hold the co-owned property jointly in a reasonable way according to free discretion, without having to seek it by the person who claims