A. From around 1987, the Plaintiff’s husband E owned a land of approximately 323 square meters (hereinafter “instant land before the instant subdivision”) and a land of 18.9 square meters on the ground of the said land (hereinafter “Plaintiff’s housing”).

B. On August 23, 1994, E newly constructed a 2-story house on the ground of 190 square meters in part 190 square meters in the attached Form 3, 4, 5, 6, 7, 8, 9, and 3 among the land before the instant subdivision, which was connected in order to each point, and sold 189/323 of the shares of the land before the instant subdivision and the above housing (hereinafter “Defendant housing”) to the Defendant.

C. Following E’s death on December 20, 2002, the Plaintiff completed the registration of ownership transfer on the instant land’s share 134/323 and the instant land’s housing on the ground of inheritance by agreement and division.

Meanwhile, as planning to construct a fire-fighting road on the East side of the instant land in accordance with the F-City Urban Planning Plan for Gyeongsan-si, the registration of subdivision was completed by dividing the instant land before subdivision into three hundred and twenty-eight square meters in Busan-si and twenty-eight-five square meters in Gyeongsan-si (hereinafter “instant land after the division”). Accordingly, the Plaintiff’s share in 134/323 and the Defendant shared shares in 189/323 with respect to the instant land after the division.

[Ground of recognition] Unsatisfy, Gap evidence 2-1 to 6, Eul evidence 1 and 2, the field appraisal result of this court, the result of the appraisal commission to appraiser G, the purport of the whole pleadings

2. Determination

A. The facts acknowledged prior to the judgment as to partition of co-owned property are as follows. ① In other words, under the status of the Plaintiff’s housing on the land before partition, the Defendant’s housing was newly constructed on the ground of 190 square meters in the attached Form No. 3, 4, 5, 6, 7, 8, 9, 9, and 238 square meters among the land before partition of co-owned property, which was successively connected among the drawings No. 3, 4, 5, 6, 7, 8, 9, and 3 of the land before partition of this case