A. The Plaintiff is a share of 9,566/10,516 of the Plaintiff’s forest C, 7,324 square meters (hereinafter “instant land”) in Busan-gun, Busan-gun, and the Defendant shares the share of 950/10,516.

B. The instant land is an irregular form, consisting of a sloping slope toward the north east, is used as a natural forest and a part of farmland, and is designated as a natural green area and a development restriction zone.

C. On the north-east of the instant land, E is located in Busan-gun, Busan-gun, and is formed into the north-west by the use of commercial facilities and other facilities in F, and consists of a housing zone between South-west and South-west.

(see 1). (d)

Until the closing date of the instant case, there was no agreement between the Plaintiff and the Defendant on the division method.

[Reasons for Recognition] A without dispute, entry of Gap evidence 1, Gap evidence 8, result of a request for appraisal to appraiser G by this court, purport of whole pleadings.

2. Determination

A. (1) The defendant's assertion that sectional ownership is co-ownership is determined (1) since the defendant developed a broom-friendly part of the land of this case from H, I, and J, which is the best accessibility at the time of each purchase of the co-ownership of the land of this case, and installed a fence as the water, installed a fence with the above part, and occupied, managed, and cultivated crops, etc., by specifying the above part.

In addition, the plaintiff's assertion that the land of this case is common property is without merit since the defendant committed a promise to divide the land of this case that the defendant wants in return for the defendant's smooth resolution of land disputes on H on behalf of H.

(2) The judgment-based co-ownership relationship requires an agreement to specify the location and size of a parcel of land and to separate ownership by many people, but can be duly established. The co-owners agreed to divide the co-ownership into co-owners and agreed to divide the co-ownership.