1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff is a right holder of 39/172 out of the instant land, and the Defendant is a right holder of 133/172 out of the instant land.

B. On May 16, 2014, the Busan Land Division Committee rendered a decision to commence subdivision on the instant site (hereinafter “decision to commence subdivision”). The decision to commence subdivision of the instant case was served on May 21, 2014 on the Plaintiff’s spouse D and the Defendant, respectively, and the decision to commence subdivision became final and conclusive on the grounds that there was no objection within three weeks of the period for filing the objection.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 4, and Eul evidence Nos. 2, and the result of inquiry into the fact to the head of Busan Metropolitan City Maritime Affairs and Daegu, the purport of the whole pleadings

2. The Plaintiff filed the instant lawsuit against the Defendant, who is a co-owner of the instant site, seeking a partition of the instant site, and the Defendant filed the instant lawsuit before and after the decision to commence partition became final and conclusive, that the instant lawsuit was unlawful.

A. The Act on Special Cases Concerning the Division of Co-Owned Land (hereinafter “Act on Special Cases Concerning the Division of Co-Owned Land”) shall be in charge of a cadastral authority that keeps and manages official cadastral records to divide a co-owned land according to simplified procedures based on the current status of possession of the co-owned land (Articles 2 and 4). However, in order to fairly and fairly decide matters concerning the division of co-owned land, a public land division committee shall be established under the competent authority to make a decision on the division. The co-owned land division shall be made by taking into account the two steps, namely, preparation of a protocol of partition according to the determination and survey of the commencement of partition and the method of dispute in each phase, respectively.

In addition, the law to share shares in the co-owned land can apply for the partition of co-owned land with the consent of at least 1/5 of the total number of co-owners or at least 20 co-owners, and after the decision to commence partition of co-owned land partition committee has been made.