The judgment of the first instance shall be revoked.

With respect to shares of 330/5139 of forest E 5,139 square meters in Jindo-gun:

A. Defendant B is the defendant.

1. Basic facts

A. On February 12, 1999, Defendant B completed the registration of ownership transfer on forest E, 5,139 square meters in Jindo-gun, Jindo-gun (hereinafter “instant land”).

B. On April 7, 2009, Defendant B completed the registration of ownership transfer with respect to 1/15 shares out of the instant land to H.

C. Around February 8, 2011, Defendant B sold 100 square meters out of the instant land to Defendant C Fisheries Partnership at KRW 20,000. D.

Around February 20, 2013, Defendant C fisheries partnership entered into a contract with Defendant D and Defendant D to exchange 50 square meters among the instant land purchased as above.

E. Defendant D sold 100 square meters among the instant land acquired as above to the Plaintiff at KRW 25,000,000 on May 10, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4, and evidence 6 (including branch numbers in case of additional evidence), witness G of the first instance court, testimony of H and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that Defendant C Fisheries Partnership purchased shares of 100 square meters of the instant land from Defendant B, and concluded an exchange contract with Defendant D on the said shares.

Since then, the Plaintiff purchased the above co-ownership from Defendant D.

Therefore, as to the share of 330/5139 out of the land of this case, Defendant D is seeking the implementation of the procedure for ownership transfer registration, and Defendant D and Defendant C fishery partnership corporation are seeking the implementation of each procedure for ownership transfer registration as stated in the order of subrogation in sequence.

B. Defendants B, C, D, and Plaintiff’s assertion in the instant land specified 100 square meters among the instant land, and thus, are in a sectionally owned co-ownership relationship.

3. Determination as to Defendant B’s defense prior to the merits

A. Since the transaction between Defendant B, C, fishery partnership corporations, D, and Plaintiff on the 10th of the instant land was premised on the sectionally owned co-ownership relationship, the Plaintiff specified the instant land against Defendant D.