공유물분할
1. The Plaintiff (Counterclaim Defendant) shares in 2,439/9,814 of each real estate listed in the separate sheet (1) to the Defendant (Counterclaim Plaintiff).
1. As to the shares of 1,626/2,804 out of each of the real estate listed in the separate list of the premise facts (hereinafter referred to as “instant land”), the registration of ownership transfer in the name of the Defendants was completed with respect to each share in the name of the Plaintiff, each of the 7,657/36,452 (i.e., 589/2804).
[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 1-2-4, Gap evidence 6, the purport of whole pleadings
2. Determination on the main claim
A. The plaintiff asserted that the plaintiff and the defendants sought a partition of co-owned property as stated in the purport of the claim on the premise that the plaintiff and the defendants simply share the land of this case, and even if the sectionally owned co-ownership relation was established as to the land before the partition, they claim that the relationship was dissolved by acquiring prescription as to the part of the land before the partition.
In this regard, the plaintiff and the defendants asserted that the plaintiff and the defendants cannot make a partition of co-owned property as they have sectional co-ownership relation to the land of this case.
B. The facts of recognition 1) Division and transfer of ownership were carried out by the net F, the land of the instant case (hereinafter “land before division”) at 1,804 square meters E, the land before division, but the land before division was divided in sequence, as shown in the separate sheet (2).
나) 분할 전 토지 중 1,626/2,804 지분에 관하여 G(H)과 I(J)을 거쳐 1975. 1. 15. 원고에게 1974. 12. 31.자 매매를 원인으로 소유권이전등기가 마쳐졌는데, 원고는 I으로부터 분할 전 토지 중 1,626평(아래 도면 표시 ㅈ², ㅇ², ㅅ², ㅂ², ㅁ², ㄹ², ㄷ², ㄴ², ㄱ², ㅌ³, ㅍ³, ㄴ⁴의 각 점을 연결한 부분의 오른쪽 부분)을 매수한 다음 경작하여 왔다. 다) 피고들의 부(父)인 D은 1973. 1. 7.경 K을 거쳐 L로부터 분할 전 토지 중 630평 상당을, 1973. 11. 20. M을 거쳐 N로부터 분할 전 토지 중...