The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Plaintiff owns 1/3 of the land of this case (hereinafter “instant land”) in Namyang-si, Namyang-si. The Plaintiff owns 2/3 of the said land. The Defendant owns 2/3 of the said land.

B. The Plaintiff filed a lawsuit against the Defendant for the partition of three parcels of land and buildings, including the instant land, with the District Court. On July 3, 2014, the conciliation between the Plaintiff and the Defendant (2013Ga group 13009) was concluded between the Plaintiff and the Defendant. Of these, the appraisal of the instant land was decided to be divided as shown in the attached Form 1 (the Plaintiff’s ownership) as to the instant land (the ground for recognition) [the Plaintiff’s ground for recognition]; the Plaintiff’s evidence Nos. 1, 1, 1, 1, and 1, and the purport of the entire pleadings;

2. The assertion and judgment

A. As the purport of the Plaintiff’s assertion exists on the ground of the instant land, and for this distance between the said building and the building, division is not possible, the previous adjustment protocol has no effect, and the new common property should be divided.

B. It is not permissible to request the division of new common properties jointly owned by the defendant's arguments against the validity of the previous conciliation protocol.

(c)

Judgment

In the litigation or conciliation procedure of the division of co-owned property, the agreement on the division of co-owned land between co-owners in kind has been concluded and the conciliation has been entered in the protocol.

Even if the co-ownership of the co-owned property is terminated immediately as in the case of the division of co-owned property by trial, and each co-owner does not create a new legal relationship with each other according to the agreement, it shall be deemed that the co-owner acquires the ownership of the property as a large-scale right only by taking over the portion of the co-owner's co-owned property after completing the partition procedure of the land as agreed upon by the co-owners and completing the registration.

Article 268 (1) of the Korean Civil Code provides that "Co-owners shall demand the partition of the article jointly owned.