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1. The following points are 40, 41, 42, 12, 13, 14, 48, 15, 16, 17, 18, 19, 19, and 40 square meters of C cemetery in the following cities:
Reasons
1. According to the statement and the purport of evidence evidence No. 1 as to the claim for partition of co-owned property, the Plaintiff, as to the share of 171/1855 square meters in C-A cemetery 185 square meters (hereinafter “instant land”), and the Defendant, as to the co-owned share of 1684/18555 square meters in the lawsuit of this case, although an agreement was reached between the Plaintiff and the Defendant as to the method of partition of the instant land among the litigation of this case, it can be acknowledged that the agreement was not reached regarding the issue of apportionment of survey expenses, etc. according to the division, unless there was an agreement between the Plaintiff and the Defendant on the method of partition of co-owned property. Thus, the court shall render a judgment on partition of co-owned property as to the Plaintiff’s claim for partition
2. Co-owned property partition method;
A. On December 23, 2016, the court below divided the instant land into KRW 250,000 per 3.3 square meters for the portion that the Plaintiff owned more land than its original share in the case where the Plaintiff divided the instant land into the land at the date of pleading and agreed on the method of partition of the instant land (hereinafter referred to as the following. However, as to the portion that the Plaintiff owned more than its original share, it is reasonable to divide the instant land into the Defendant pursuant to the above 3.3 square meters for the area of the current road located within the portion of the land to be owned by the Plaintiff, calculated as 125,000 square meters per 3.3 square meters for the area of the current road located within the portion of the land to
The following judgments are based on the results of the survey appraisal conducted by D belonging to the Korea Appraisal and Information Corporation.
B. The part (A) of the instant land, which connects each point of 40, 41, 42, 12, 13, 14, 48, 15, 16, 17, 18, 19, and 40, in turn, of the land of this case, and of 286 square meters in part (B) and (c) of 286 square meters, are owned by the Plaintiff, and the part (a) of the instant land, which connects each point of 1 through 11, 42, 41, 40, 20 through 39, and 1.