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1. The plaintiff's lawsuit against the defendant E shall be dismissed.
2. It shall be put up for auction the 88,520 square meters of H forest land in the Northern-gu, Pohang-si.
Reasons
1. Facts of recognition;
A. The Plaintiff and the Intervenor G of Defendant B, C, D, F, and Defendant E (hereinafter “Defendants, etc.”) share the instant land in the respective shares of co-ownership listed in the separate sheet.
B. There was no agreement between the Plaintiff, the Defendants, etc. on the method of dividing the instant land.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination
A. Of the instant lawsuit, the part claim for partition of co-owned property against Defendant E becomes the Plaintiff and all other co-owners shall be co-defendants. As such, where a part of co-owners’ share is transferred to a third party during the pending litigation as to the partition of co-owned property, and the transferee of co-owned share remains without withdrawal from the previous party who transferred the co-owned share, even though he/she participated in the partition of co-owned property, the part concerning the previous party who did
(see Supreme Court Decision 2015Da50293, Feb. 18, 2016). In addition to the purport of the entire pleadings in the statement No. 1, Defendant E, after filing the instant lawsuit, completed the registration of distribution support of the Daegu District Court and the registration of transfer of ownership as No. 4109, May 31, 2017 with respect to the 3/12 share out of the instant land, to Defendant E’s Intervenor G.
Therefore, Defendant E is no longer a co-owner of the instant land, and the part regarding Defendant E among the instant lawsuit is unlawful.
B. 1) According to the facts acknowledged as above, the Plaintiff and the Defendants, etc., as co-owners of the instant land, did not reach agreement on the method of partition. Therefore, the Plaintiff may claim the Defendants, etc. for partition of the instant land, which is jointly owned. 2) The partition of co-owned property based on the judgment on the method of partition, shall be made reasonable partition according to the shares of each co-owner.