1. The real estate indicated in the attached Form shall be divided into real estate and owned by the Plaintiff with 179.52 square meters, 125.34 square meters on the second floor, and 125.34 square meters on the third floor.

1. Facts of recognition;

A. When the auction procedure was conducted for the above building while the defendant was operating the restaurant under the trade name of "C" on the first floor of the building of this case by leasing it, the defendant purchased 1/2 shares jointly with D in the above auction procedure and completed the registration of ownership transfer on April 14, 199.

The plaintiff purchased D's share on April 17, 199 and completed the registration of ownership transfer.

B. Of the instant building, the Defendant used the instant building in a way that the Plaintiff uses and benefits respectively from the 1st floor (C restaurants) and the 3rd floor (C restaurants) and the 4th floor, and the 2nd floor and the 2nd floor and the 3rd floor (unregistered) are leased to others and divided the profits therefrom.

C. The Plaintiff asserted that the economic value of his profit-making portion is remarkably low compared to that of the Defendant, and filed a lawsuit against the Defendant for partition of co-owned property as Seoul Western District Court 2004Kadan41739.

On November 9, 2004, in the above lawsuit, each party divided the parking space of the building and uses it independently, the defendant maintained and installed ventilation facilities in the first floor restaurant, and both parties in the future do not raise any objection against each other in relation to the possession of the building in accordance with the present utilization situation."

Since then, the ground floor and the third floor are studio, and the second floor are remodeled and operated into the notified telecom, and there was no agreement between the plaintiff and the defendant on the division of the building of this case.

E. As of October 22, 2018, the total value of the instant building is KRW 275,202,00, and the value ratio by floor is 15.1% of the underground floor, 31.5% of the first floor, 15.7% of the second floor, 17.3% of the third floor, and 20.4% of the fourth floor (including rooftop).

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 3-1, 2-2, appraiser F's appraisal result, the purport of the whole pleadings

2. Determination

A. According to the facts found above, the Plaintiff may file a claim against the Defendant for partition of the instant building pursuant to Article 269(1) of the Civil Act.