2. Attached 2 Map 4, 5, 6, 7, 8, 9.

A. Each registration of ownership transfer was made in the name of the Plaintiff on August 5, 1987 with respect to the share of 856/98 of the real estate listed in the separate sheet (hereinafter “instant land”) owned by C, and in the name of the Plaintiff on the same day with respect to the share of 132/988.

B. After that, on July 25, 1988 with respect to D’s shares (132/98) among the instant land, the transfer of ownership was completed under E on July 25, 198, and again on September 25, 2002, the transfer of ownership was completed under the name of the Defendant.

C. Although the Plaintiff demanded the Defendant to divide the instant land, which is jointly owned, the Plaintiff did not reach an agreement on the method of dividing the instant land by the date of closing argument.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4 (if there are additional numbers, including each number; hereinafter the same shall apply) and the purport of whole pleadings

2. Judgment as to the main claim

가. 원고 주장의 요지 이 사건 토지는 등기부상 원고와 피고가 각 지분별로 공유하는 것으로 기재되어 있으나, 실제로는 원고가 D과 공동으로 이 사건 토지를 매수하면서 별지 1 도면 표시 1, 2, 3, 4, 5, 6, 10, 11, 12, 13, 1의 각 점을 순차로 연결한 선내 ㈎ 부분 856㎡를 원고가, 같은 도면 표시 6, 7, 8, 9, 10, 6의 각 점을 순차 연결한 선내 ㈏ 부분 132㎡를 D이 각 소유하기로 하는 합의하에 위치와 면적을 특정하여 매수한 것이고, 그 후 원고와 D 및 위 D의 지분을 승계취득한 E와 피고는 현재까지 위 각 특정 부분을 점유사용하고 있다.

Therefore, the Plaintiff and D constituted a sectionally owned co-ownership relationship where the instant land is co-owned on the registry according to the mutual title trust agreement, and the Defendant succeeded to the mutual title trust agreement between the Plaintiff and D at the time of acquiring the shares of the instant land. Since the Plaintiff terminated the mutual title trust agreement with the delivery of a duplicate of the instant complaint, the Defendant was specifically owned by the Plaintiff.