1. Defendant B received KRW 805,000 from the Plaintiff, and at the same time Defendant B received KRW 805,000 from the Plaintiff, and at the same time, 7/180 out of 18 square meters in Busan Young-gu

1. Basic facts

A. Although the instant land was owned by Defendant Republic of Korea, Nonparty D, the father of Plaintiff and Defendant B, occupied and used the instant building on its ground (hereinafter “instant building”).

D on October 17, 1984, the defendant Republic of Korea purchased 14/18 shares equivalent to the site size of the building in this case from the defendant Republic of Korea on October 26, 1984, and filed a registration of co-ownership transfer on October 26, 1984.

B. After D's death on February 14, 1989, the Plaintiff continued to use the instant building, and D's heir (the Plaintiff, Defendant B, Nonparty E, F, G, H, I) made a registration of co-ownership share transfer for each inheritance share on March 25, 2004 with respect to D's co-ownership (14/18) among the instant land on the ground of inheritance.

C. On April 1, 2004, Nonparty E, F, G, H, and I donated their respective co-ownership shares on the instant land to the Plaintiff, and each registration for co-ownership transfer was completed in the name of the Plaintiff on April 6, 2004.

As of the date of closing argument of the instant case, the Plaintiff shared 133/180 shares in the instant land, Defendant Republic of Korea shares 40/180 shares, and Defendant B shares 7/180 shares.

As a result of a cadastral survey on the instant land and a request for the appraisal of the market price, the instant building was located on the ground of 14m2 of the part “A” connected in order to each point of 1,2,5,6, and 1 of the aforementioned drawings, as shown in the attached drawing Nos. 2, 3, 4, 5, and 2, and it was confirmed that there was a road on the 4m2 of the “B” portion connected in order to each point of 2, 3, 4, 5, and

In addition, on August 13, 2015, the market price of the instant land was 20,700,000 won.

E. The Plaintiff and the Defendants did not agree on the partition of co-owned property as to the instant land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the result of the request for a market price appraisal to the appraiser J, the purport of the entire pleadings as a result of the request for a cadastral survey to the appraiser K

2. Determination:

A. According to the above acknowledged facts, co-owners are co-owners.