1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by C. Among them, the registration of transfer was completed on April 11, 1988 with respect to each of one-third shares on March 23, 198, and was changed to C, the Plaintiff, and the Defendant’s joint registration on April 11, 198 due to the change agreement on April 6, 198.

B. C, the Plaintiff, and the Defendant all lost children of the network D, and C died on March 28, 199.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-1 and 2-2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment on the assertion

A. The Plaintiff’s assertion that the instant real estate was converted into a partnership-ownership constitutes a partnership-ownership for the above purpose, “it does not dispose of the instant real estate until the third will is combined.” The said real estate was owned by C, the Plaintiff, and the Defendant, and the Plaintiff and the Defendant, the remaining co-ownership due to the death of C, became joint ownership.

Since then, the plaintiff expressed his intention to withdraw from the partnership on the ground of the withdrawal of the partnership, and accordingly, the defendant is obligated to settle the real estate of this case, which is the property of the partnership at the time of withdrawal.

B. Determination 1) In a case where a part of the co-ownership of the pertinent real estate is deceased, the inheritor of the deceased co-owner does not succeed to the status of the co-owner, barring any special agreement between the co-owner, and thus, the pertinent real estate shall belong to the co-ownership of the remaining co-ownership if there are more than two co-owners (see, e.g., Supreme Court Decision 96Da23238, Dec. 10, 196). As for the instant real estate, as recognized earlier, C, the Plaintiff, and the Defendant registered the co-ownership and thereafter C died, and there is no evidence to prove that there was a special agreement to inherit the property to the heir if the co-owner died, the instant real estate is the co-ownership of the Plaintiff and the Defendant.