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(영문) 수원지방법원성남지원 2015.01.09 2014가단206005
공유물분할 등
Text

1. Each real estate listed in the separate sheet shall be divided into the Plaintiff’s ownership;

2. The plaintiff is the defendant 82,542.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant, who had been a child due to the death of the deceased real estate owner of each real estate listed in the separate sheet, completed the registration of ownership transfer for the share of 7/10 of each real estate listed in the separate sheet on August 18, 201, and the Defendant for the share of 3/10, respectively, according to the division of inherited property by agreement.

B. The market price at around August 22, 2014, near each real estate listed in the separate sheet, is KRW 275,140,500.

【Ground for Recognition: Unsatisfy, Results of response to a request for appraisal to Gap evidence 1-2, and D】

2. Determination

A. As a lawsuit for partition of co-owned property, it is concluded that the co-ownership is reasonable to acquire the co-owned property to a specific person, by comprehensively taking into account the causes of co-ownership, the proportion of co-owned shares, and the economic value of co-owned shares if divided, and the desire of co-owners as to the method of partition of co-owned property, and it is recognized that acquiring the price of shares among the co-owners does not interfere with the substantial fairness of co-owners, and it is allowed to divide the co-owned property into one of co-owners by way of enabling co-owners to own the property in kind, but to compensate other co-owners for the appropriate and reasonable price of shares against the other co-owners (see Supreme Court Decision 2004Da3853, Oct. 14, 2004).

There is no agreement between the plaintiff and the defendant on the division of co-owned property, and each real estate listed in the attached list shall be one parcel.

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