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1. As to each land listed in the separate sheet No. 1, 33, 13, 14, 15, 31, 16 through 25, 21, 26, of the annexed sheet No. 2.
Reasons
1. Basic facts
A. Each land listed in the separate sheet No. 1 (hereinafter “each land of this case”) is owned by the Plaintiff as the share in 40,727/53,071, and the Defendant shared shares in 12,344/53,071.
B. The Plaintiff demanded the Defendant to divide each of the instant lands, but no agreement was reached between the Plaintiff and the Defendant on the method of division until the date of closing the argument in this case.
[Judgment of the court below] Facts that there was no dispute over the ground for recognition, Gap evidence 1-1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. As to the assertion that sectional ownership is co-ownership (judgment on counterclaim), the defendant asserts that since the land No. 2 of this case was owned by the defendant with specific purchase from the beginning of the year of the beginning of the purchase, the plaintiff should transfer the ownership of shares to the defendant upon the termination of mutual title trust.
However, the evidence submitted by the Defendant alone is not sufficient to acknowledge that there exists an agreement between the Plaintiff and the Defendant as to co-ownership of sectional ownership, and there is no other evidence to
The Plaintiff and the Defendant do not have any dispute as to the failure to explicitly conclude the mutual title trust agreement between the parties, and in light of the statement No. 1-1 and No. 2 of the evidence No. 1-2, the verification results of this court and the purport of the entire pleadings, the Plaintiff purchased shares on December 26, 2002 from the successful bidder C on September 11, 2009 and filed a partition lawsuit against D and E. The Defendant purchased shares on September 201, and the Defendant purchased shares after winning a final and conclusive judgment in a lawsuit for cancellation of ownership transfer registration against D and E, and it is difficult to view that the mutual title trust agreement was acquired on October 20, 201 through G, in view of the process of each transaction, and each of the instant land in this case is out of the opening.