1. The plaintiff (the counterclaim defendant, the plaintiff hereinafter referred to as the "the plaintiff") proposed C orchard to the defendant (the counterclaim plaintiff, the plaintiff hereinafter referred to as the "the defendant").

The principal lawsuit and counterclaim shall be judged together.

Facts of recognition

In full view of the evidence and the purport of the entire pleadings submitted by the plaintiff without dispute, the following facts can be acknowledged:

In Jeju City, C orchard (hereinafter “instant orchard”) was transferred on March 27, 1934 to the joint ownership of DE.

However, for at least 20 years, the instant orchard was separated from the land based on the stone fence, and each owner occupied and used the instant orchard. The Defendant also purchased and occupied the part “A” (hereinafter “the part occupied by the Defendant”) indicated in the attached Form 1 drawings concerning the instant orchard from the Defendant F, and the Plaintiff also purchased and used the part “B” indicated in the attached Form 1 drawings (hereinafter “the part occupied by the Plaintiff”) from the mother G, and did not participate in the other party’s occupation.

On October 25, 1980, the Defendant registered the ownership transfer of all of the instant orchard in accordance with the Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 3094), and the Plaintiff registered the ownership transfer of shares of 791/2370 shares out of the instant orchard in accordance with the Act on Special Measures for the Registration, etc. of Real Estate Ownership Ownership (Act No. 4502) on September 8, 1993.

(However, the Plaintiff did not purchase the part of the Plaintiff’s possession from the Defendant). While the Plaintiff agreed to divide the land based on the Defendant’s stone and agreed to register the transfer of ownership, and was going through the process through a certified judicial scrivener’s office, the Plaintiff withdrawn the intention of division with the knowledge that the part of

The Plaintiff in relation to the ownership of the instant orchard, as the principal place of the instant orchard, claims for the division of the portion 791 square meters in kind, indicating the attached drawing Nos. 2 and 791 square meters in proportion to the Plaintiff’s shares, on the premise that the instant orchard is jointly

On the other hand, the defendant divided the instant orchard as a counterclaim.