1. The plaintiff's claim is dismissed.

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

If two or more persons agree to divide one parcel of land into sectional ownership, and only the registration is made at the rate corresponding to the size of each sectional ownership for convenience, mutual title trust relation between co-ownership owners or sectionally owned co-ownership relation between the land (see, e.g., Supreme Court Decisions 91Da44216, Dec. 8, 192; 2000Ma2633, Jun. 15, 2001). If the specific part is transferred before the former and the co-ownership registration is completed accordingly, mutual title trust relation is succeeded to the former. As such, a sectional owner of a specific part of land in mutual title trust relation or sectionally owned co-ownership relation can seek implementation of share transfer registration procedure for reasons of cancellation of title trust as to the specific part against the person who has share registration as to that part, and it cannot seek a partition of co-owned property as to the whole land.

(See Supreme Court Decision 95Da8430 Decided February 23, 1996, Supreme Court Decision 2006Da84171 Decided May 27, 201, Supreme Court Decision 2010Da52362 Decided October 13, 201, etc.). The Plaintiff sought a partition of co-owned land as co-owned property as to the land stated in the claim in the instant case (hereinafter “instant land”). On the other hand, the Defendant sought a partition of co-owned property as a co-owned property as to the land stated in the claim in the instant case (hereinafter “instant land”).

1. From 6. The instant land purchased part of the land in order to install a grave for K, and actually installed a grave for the purchase part and possess it up to the present day, and the co-owners of the instant land established a sectionally owned co-ownership or a mutual title trust relationship between co-owners of the instant land. Thus, the Plaintiff succeeded to it can file a claim for the implementation of the procedure for share ownership transfer registration on the ground of termination of title trust as to the portion owned separately and specifically by the Plaintiff.