The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Part 1 of the judgment of the court of first instance is "1. 1."

1. Facts of recognition;

A. On September 10, 1971, an incorporated association acquired the ownership of land B in Busan Northern-gu, Busan, but from December 17, 1973, it transferred part of the above land to the owners of the above above ground stores by specifying the location and size of each of the above land, and completed the registration of transfer of ownership as to the portion of public land for convenience.

B. After that, the Plaintiff and the Defendant, etc. occupy and use a part of the instant land by specifying it as indicated in the annexed Form. Of the instant land, the Plaintiff and the Defendant, etc. are deemed to own and use the same as indicated in the annexed Form. Of the instant land, the Plaintiff 1,700/10,000 shares in the Plaintiff, an incorporated association, B, 3/10,00 shares in the instant land, D 296/10,00 shares, D 296/10,00 shares, Defendant 2,855/10,00 shares, F, 1,516/10,00 shares, G, 250/10,00 shares, and H, 13,89/123,00 shares in the instant land.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 6 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff and the defendant, etc. are in a sectionally owned co-ownership relationship with respect to the land of this case, and the plaintiff, upon delivery of a duplicate of the complaint of this case, terminate the trust in the name of E among the above land owned by the plaintiff.

Therefore, the defendant is obligated to implement the registration procedure for ownership transfer with respect to the share of 2,855/10,000 out of the part of the above land among the plaintiff.

B. The defendant and the plaintiff do not have sectionally owned relation to the land of this case, and share on the register does not coincide with the actual area of possession. The plaintiff's possession constitutes a specific sectional ownership of the defendant, and the plaintiff's claim is without merit.

3. Where a registration of sharing shares has been made for convenience in the course of transferring a part of a parcel of land by specifying it, the registration of sharing shares of each person shall be valid as the registration of the trustee by a trust in the name of the trade name, and in such a case, the registered co-ownership of one of the co-ownership shall be the molecule and the land shall be the molecule.