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(영문) 수원지방법원 2017.09.28 2016가단538314

공유물분할

Text

1. Defendant C received KRW 720,820,00 from each of the plaintiffs, and at the same time, real estate listed in the separate sheet to the plaintiffs.

Reasons

1. Indication of claim;

A. The Plaintiffs and the Defendants shared the real estate listed in the separate sheet (hereinafter “instant real estate”), each of the Plaintiffs’ 4464/8976 shares, and each of the Defendants’ 24/8976 shares. There is no agreement among co-owners on the prohibition of partition of co-owned property as to the instant real estate.

B. The Plaintiffs and the Defendants did not reach an agreement on the division of the instant real estate until the closing date of the instant argument.

C. According to the result of the appraisal commission with respect to appraiser E of this Court, the applicable unit price of the instant real estate as of June 12, 2017 is KRW 242,00 per square meter. The Defendants’ respective share price of the instant real estate is KRW 1,441,640 per square meter (=228 square meter x 24/8976 x 24/8976 x 242,00, and below KRW 10).

The plaintiffs want to make a partition of co-owned property according to the method of division of full compensation.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).