1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. The registration of ownership transfer was made on August 1, 1973 with respect to the land of 3,362 square meters (hereinafter “land prior to subdivision”) in public land, D, E, and F on August 1, 1973. In accordance with Act No. 3562 of March 18, 1985, the registration of ownership transfer was made on the ground of sale on February 7, 1974.

After December 21, 1985, on the ground of sale and purchase, the registration of ownership transfer with the Plaintiff, the Defendant, and the three joint owners of G was completed on December 27, 1985. On August 25, 2000, on the ground of the withdrawal from Gohap G, the registration of alteration was completed on September 18, 200 with the land before subdivision as the Plaintiff and the two joint owners of Defendant.

B. On August 7, 2015, the land before subdivision was divided into three square meters: C 2,293 square meters (hereinafter “after subdivision”) and H 1,069 square meters; on the same day, the registration of ownership transfer was made in the name of Chungcheongnam-do, Chungcheongnam-do, with respect to the said H’s land on the grounds of an agreement on the purchase of public land.

C. Chungcheongnam-do paid the Defendant the sum of KRW 53,164,570, and KRW 3,378,040, and KRW 56,542,610 (hereinafter “instant compensation”).

The plaintiff delivered documents necessary for the receipt of the above compensation to the defendant.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 2-4 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion;

A. Although the Plaintiff was registered as a joint ownership of the land prior to the subdivision, there was no association with the objective of joint project between the Plaintiff and the Defendant, and thus, the Plaintiff and the Defendant should be deemed to have shared the said land in 1/2 shares.

Therefore, the Defendant should pay 28,271,305 won to the Plaintiff out of the instant compensation for co-owned land amounting to 1/2 of the Plaintiff’s share, and the land should be divided in accordance with the Plaintiff’s claim for partition of co-owned property.

Even if the Plaintiff and the Defendant shared the land before subdivision, the Defendant, as a result of the Plaintiff’s withdrawal, is the Plaintiff’s aforementioned KRW 28,271,305.