beta
(영문) 대전지방법원 공주지원 2018.02.22 2016가단2573

공유물분할

Text

1. As to the portion of 37/859 shares among the portion of 1,021 square meters of L prior to L, Defendant D, and E, respectively, are shares of 17/592.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

[Attachment 1] The real estate indicated in the attached list among the grounds for the claim shall be 1,021 square meters (hereinafter referred to as “instant real estate”) prior to L at the time of official residence.

[2] As of January 1, 2017, the officially assessed individual land price as of January 1, 2017 is KRW 75,062,718 (i.e., KRW 104,500 x 1,021 x 1,021 x 299/425 x 299/425, hereinafter the same shall apply) among the instant real property based on the calculation of the sale price.

In addition, when the Plaintiff transfers the shares of the instant real estate to the Defendants, the shares of the Defendants with respect to the entire instant real estate are 3/49 in the case of Defendant M, 2/49 in the case of Defendant D and E, and 1/7 in the case of Defendant F, G, H, I, J, and K, respectively.

Therefore, the value of each share received by the Defendants from the Plaintiff is 4,595,676 won in the case of Defendant M (75,062,718 won x 3/49), 3,063,784 won in the case of Defendant D and E (75,062,718 won x 2/49), 10,723,245 won in the case of Defendant F, G, H, I, J, and K (7,062,718 won x 1/7) respectively.

3. Grounds for recognition;

(a) Defendant M&D, F, G, H, and I: Articles 208(3)2 and 150(3) (a) of each of the Civil Procedure Act (a judgment made by the deeming party);

(b) Defendant E, J, and K: Articles 208(3)3 and 194 of the Civil Procedure Act (Decision by Public Notice)