1. The Plaintiff (Counterclaim Defendant) indicated an attachment No. 1 through No. 9, 47, 46, and 46, among the size of 6,367 square meters before C in Jeju-si to the Defendant (Counterclaim Plaintiff).

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The plaintiff is the plaintiff's children who are the defendant's deadly living together with D, and the plaintiff and the defendant are the five degrees of relationship.

B. With respect to the shares of 5,044/6,367 (hereinafter “the Plaintiff’s shares”) in the name of the Plaintiff and with respect to the shares of 1,323/6,367 (hereinafter “the Defendant’s shares”) in the name of the Plaintiff, the registration of ownership transfer was completed in the name of the Defendant with respect to the shares of 5,044/6,367 (hereinafter “the Plaintiff’s shares”). C. In fact, the Plaintiff connects each of the shares of 9 through 47, and 9, in turn, in the name of the Plaintiff. Of the instant land, the part of 4,553 square meters (hereinafter “the Plaintiff’s shares”).

B) B. The Defendant: (a) the part on the ship (b) size 1,814 square meters in succession to each of the items in the same drawing indication 1 through 9, 47, 46, 45, 44, 43, 42, 41, 40, 39, 38, 37, 29 through 36, and 1 (hereinafter “the part on the Defendant’s possession”).

Each occupation and use has been occupied and used. [The fact that there is no dispute over the basis of recognition, Gap evidence 1, Eul evidence 1, each of the evidence No. 1, the result of each commission of appraisal to the Jeju branch of the Korea Land Information Corporation in this Court, the purport of the entire pleadings.

2. The parties' assertion and judgment

A. 1) The summary of the Plaintiff’s assertion and the Defendant simply share the instant land. As such, the Plaintiff and the Defendant sought a partition of co-owned property as to the instant land by the spot division method, such as the purport of the principal lawsuit, as stated in the purport of the claim in this lawsuit. 2) The gist of the Defendant’s assertion D and the Plaintiff and the Defendant established a mutual title trust relationship or mutual title trust relationship with the part occupied by the Plaintiff and the part occupied by the Defendant regarding the instant Defendant. As such, the Plaintiff cannot seek against the Defendant

Rather, the Plaintiff is obligated to implement the registration procedure for ownership transfer on the ground of termination of title trust on the date of service of a copy of the instant counterclaim as to the share of 5,044/6,367 out of the Defendant’s possession.

(b) fact of recognition 1.