beta
(영문) 수원지방법원 2018.05.09 2016가단514738

공유물분할

Text

1.(a)

Defendant B received KRW 24,095,137 from the Plaintiff, while Defendant B received KRW 24,095,137 from the Plaintiff, 1.

Reasons

1. Facts of recognition;

A. At the time of the Plaintiff’s filing of the instant lawsuit, the Plaintiff owned the instant forest by the Plaintiff, Defendants, G, H, I, J,K, L, and M. The co-owners’ share was the Plaintiff 11/144 shares, G, Defendant B, each 1/48 shares, Defendant C12/432 shares, Defendant D, Defendant E, Defendant E, Defendant F, each 8/432 shares, H12/36 shares, I, and J 8/336 shares, K36 shares, K3/36 shares, L, and M 2/336 shares.

B. During the instant lawsuit pending, G, H, I, J, K, K, L, and M sold their respective co-ownership shares in the instant forest to the Plaintiff, and the Plaintiff completed the registration of ownership transfer as to each of the aforementioned co-ownership shares.

Accordingly, the Plaintiff’s share in the instant forest became 43/48 shares.

C. The Plaintiff and the Defendants did not enter into a special agreement prohibiting partition of co-owned property, and they did not have a co-owned property partition agreement between the Plaintiff and the Defendants.

Among the forest land of this case, there is a net N in the part of 2,591 square meters inside the ship connecting each point of the annexed drawing Nos. 1, 29, 30, 23, 24, 25, 26, 27, 28, and 1 (hereinafter “the part of the instant dispute”) among the forest land of this case. Defendant B is the deceased’s spouse, Defendant D, Defendant E, and Defendant F are the deceased’s children.

E. As of October 26, 2016, the market price per square meter of the instant forest is 55,800 won.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 7, 12, and 13 (including each number in the case of provisional number), the result of the appraisal of the appraiser's appraisal of this court's appraiser's appraisal of the market price of the appraiser's P

2. Summary of the parties' arguments

A. In order to fully utilize the forest of this case, the Plaintiff holding approximately 89.6% of the absolute shares in the instant forest, instead of independently owning the forest of this case, it is reasonable to divide the instant forest by means of paying an amount equivalent to each co-ownership share to the Defendants.

B. The Defendants maintain and manage the deceased N’s grave and maintain the cemetery for families in the future.