1. The appeal by the Defendant (Counterclaim Plaintiff) and the incidental appeal by the Plaintiff (Counterclaim Defendant) are dismissed, respectively.

2. Appeal and.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On August 23, 2007, the Plaintiff completed the registration of transfer of ownership on January 14, 2008 on one-half share of D forest land 3,709 square meters (hereinafter “instant land before the instant partition”) in Suwon-si, Suwon-si, a husband, for inheritance by consultation and division.

On August 21, 2012, the Defendant entered into a sales contract for 1/2 shares of the land before the instant partition with E, and the same year.

9.4. Completion of the registration of ownership transfer.

On January 20, 2015, the instant land before the instant partition was divided into D Forest 1854 square meters and J Forest 1855 square meters in the south-si, Suwon-si, Suwon-si, and on April 18, 2016, the instant land was divided into each of the instant land, and the J Forest 1854 square meters in each of the instant land, but no agreement was reached between the Plaintiff and the Defendant on the method of dividing jointly-owned property until now.

The defendant planted trees on the land before the division of this case and has been occupied and used until now.

[Reasons for Recognition] According to the facts without dispute, Gap evidence Nos. 1, 3, Eul evidence Nos. 2 and 8 (including the number with each number; hereinafter the same shall apply), the purport of the whole pleadings, and the above facts of recognition as to the claim for partition of co-owned property by the plaintiff and the defendant, the plaintiff and the defendant as co-owner of the lands Nos. 1 and 2 of this case may claim partition of the lands No. 1 and 2 of this case against each other

With respect to the method of partition, ① the land prior to the instant partition is divided into D Forest 1854 square meters and J Forest 1855 square meters, which is the land prior to the partition of each of the instant land in Suwon-si, Suwon-si, which is the land prior to the partition of each of the instant land under the agreement by the original Defendant, with an intention to own the land as a single ownership; ② both the original Defendant and the Defendant present a separate proposal with the purport that each of the instant land under each of the instant subparagraph 1 is the sole ownership of the land, and the land is owned by the other party. However, the Defendant at the time of applying for permission for development activities due to the date of