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1.The judgment of the first instance shall be modified as follows:
Of the 52 square meters prior to Gwangju City, the attached Table 1 “Appraisal Map” is marked 6, 7, 8, and 8.
Reasons
1. Basic facts
A. On June 26, 1999, the Plaintiff completed the registration of ownership transfer based on inheritance by consultation and division on December 26, 1998 with respect to F-si 216§³ (hereinafter “F-si”).
B. The Plaintiff shares 915/1,034, respectively, and the Defendant shares 119/1,034, respectively, with respect to the area of 52 square meters (hereinafter “D land”) and the area of 22 square meters (hereinafter “E land”).
[Ground of recognition] Facts without dispute, Gap evidence 3-1, Gap evidence 4-1, Gap evidence 6-1, the purport of the whole pleadings
2. Judgment as to the claim for partition of co-owned property
A. The Plaintiff’s co-owner’s right to partition of co-owned property may claim partition of co-owned property (Article 268(1) of the Civil Act). If the agreement on the method of partition of co-owned property has not been reached, co-owner may claim partition to the court (Article 269(1) of the Civil Act), D, and the Plaintiff, co-owner of land E, has the right to claim partition of each land against the Defendant
B. The method of partition of co-owned property, and the method of partition of land D and E is, in principle, divided in kind if the co-owned property is divided into health rooms and co-owned property. The plaintiff and the defendant divides each of the above land into D with the indication of "appraisal map" as shown in attached Table 1 at the date of pleading of this court. The part "A" portion of "A" which the plaintiff connects each of the above points of 6,7,8,9,10,11, 14, 15, 16, 16, 17, and 3,4,5,6, 17, and 3 of the same map among the land E and E with the indication of "A" portion of "A" which the plaintiff successively connects each point of 6,4,5, 6, 17, 13, and 11 of the same map, and the defendant does not have any difference with each of the above part "B" portion of land owned by E, 13, 14, and 111.