토지 공유물분할
1. Defendant I shall make a partition of co-owned property as to the portion of 1176/11088 out of 1,025 square meters of L 1,025 square meters in Jeonnam-gun, Jeonnam-gun.
In full view of the purport of the argument in Gap evidence No. 1, the plaintiff and the defendants shared the real estate recorded in the text of this case (hereinafter referred to as "real estate of this case") at each share indicated in the separate sheet, and there was no special agreement between the plaintiff and the defendants to not divide the real estate of this case, and it can be acknowledged that the agreement on partition of co-owned property of this case has not been reached. Thus, the plaintiff can file a claim against the defendants for partition of
In light of the method of partition, it is reasonable to divide the Plaintiff’s share in the instant real estate by the method of purchase by Defendant I, in consideration of the following: (a) although the partition of co-owned property by judgment is based on the method of in-kind partition; (b) it is difficult to find a reasonable method of in-kind division that corresponds to the respective share ratio of the Plaintiff and the Defendants; (c) Defendant I wishes to purchase the Plaintiff’s share; (d) the Plaintiff consented to it; and (e) other Defendants appear to be by the same opinion as Defendant I.
Furthermore, in full view of the overall purport of the arguments as to the price that Defendant I should pay in return for the acquisition of the Plaintiff’s shares, the market price of the instant real estate as of August 6, 2018, which was close to the date of the closing of pleadings by the appraiser M, can be recognized as having been 9,430,000 won (=9430,000 won) x 1176/11088, and less than KRW 1176/1088).
On the other hand, in the partition of co-owned property by the full price compensation method, the transfer of co-owned share by the person who acquired the price from the person who acquired the price in kind and the burden of paying compensation from the person who acquired the price in kind can be recognized by the partition of co-owned property.