The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

1. The gist of the Plaintiff’s claim and the Defendants are co-owners of 1021 m2m2 (hereinafter “instant land”). Since the Plaintiff and the Defendants occupied the instant land by setting their respective locations, the Plaintiff and the Defendants sought a partition of the instant land, as described in the purport of the claim.

2. Facts of recognition;

A. The Plaintiff and the Defendants shared the instant land in proportion to each relevant co-ownership share indicated in the attached Table of co-ownership.

B. The remaining Defendants except the Plaintiff and Defendant Republic of Korea set the location and area of the instant land and reside on the ground.

C. Based on the part occupied and used by the Plaintiff and the Defendants, the subdivision surveying was completed and its land cadastre has been created.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

3. In a mutual title trust relation or sectionally owned co-ownership relation, a person who partitioned ownership of a specific part of the real estate can only seek implementation of the procedure for share transfer registration based on the cancellation of title trust for the specific part against the person holding a share registration as to that part in a trust relation, and cannot seek a partition of co-owned property as to the whole real estate

(See Supreme Court Decision 2006Da84171 Decided May 27, 2010 (see, e.g., Supreme Court Decision 2006Da84171, May 27, 201). Furthermore, where part of a parcel of land has been transferred by specifying and completed a co-ownership registration as to the whole for convenience, the registration of a trustee under mutual title trust shall be valid. If the specific part has been transferred by transfer, and accordingly a co-ownership registration has been completed, the mutual title trust relationship between the first transferor and the last transferee of the specific part is established. Meanwhile, the owner of a specific part in co-ownership relation under sectional ownership shall obtain the consent of the owner of the other specific part.