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1. Of the 3,557 square meters prior to Jeju-si, the results of the cadastral survey on the cadastral status in the annexed sheet No. 1-13, 32-35, and 1 are connected in sequence.
Reasons
1. Basic facts
A. On August 17, 1999, the Defendant completed the registration of transfer as to one-half portion of the land listed in the Disposition No. 1 (hereinafter “instant land”). On October 24, 2014, the Plaintiff completed the registration of transfer as to the remaining one-half share of the instant land, excluding the Defendant’s share of 1/2 as above.
B. The Plaintiff and the Defendant did not reach an agreement on the method of dividing the instant land until the date of closing argument in the instant case.
[Judgment of the court below] The ground for recognition is without merit, Gap evidence No. 1, and the ground for appeal
2. Determination
A. According to the above facts, the Plaintiff may file a claim against the Defendant for a judicial partition on the instant land. In full view of the following circumstances, the Plaintiff’s entries or images of the evidence Nos. 2 through 5 (Ga number omitted), and the result of the verification by the instant court, the appraisal result of appraiser D, and the purport of the entire pleadings, the following circumstances are as follows: (a) the portion of the cadastral status survey, among the instant land, connected with each point of Nos. 1 to 13, 32-35, and 1, which are attached to the instant land, is owned by the Plaintiff; and (b) the portion of Nos. 1,778 square meters connected with each point of No. 32,13-32 of the same drawings, which are equally and rationally owned by the Defendant.
(1) The instant land is not adjoining to the road, and can only pass through land E or F land, etc. on the adjacent Jeju-do.
② At present, the instant land is cultivated by the Defendant’s access to the FF land owned by the Republic of Korea as a reed field, etc.
③ If the above part of the instant land belongs to the Plaintiff, and the above part of the instant land is divided as owned by the Defendant, the Plaintiff is entitled to enter each of its own land through the above part of the instant land owned by the husband, via the land owned by G, and through the existing passage way established on the said land owned by the Republic of Korea.