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(영문) 서울중앙지방법원 2017.11.28 2016가단19556
공유물분할
Text

1.(a)

The defendant shall receive KRW 63,594,000 from the plaintiff, and at the same time, paragraph (2) of the attached real estate indicated to the plaintiff.

Reasons

1. Basic facts

A. Of the buildings listed in paragraph (2) of the indication of the attached real estate (hereinafter “instant building”), 182.89/51/29 shares are owned by the Plaintiff, 116.62 shares are owned by the Defendant, and 2/3 shares are owned by the Plaintiff and 1/3 shares are owned by the Plaintiff, and the Defendant did not own the shares of the instant land.

B. The instant building is a multi-family house, not an aggregate building, and the Plaintiff and the Defendant were awarded a successful bid of each of the above shares among the instant buildings through auction.

C. While the Defendant did not succeed to the lease in the process of successful bid, the Defendant was liable for the repayment of the lease deposit to C and D due to the prior lessee.

(Seoul Central District Court 2016da52867, 2016Gadan33187). D.

The market price corresponding to 182.89/299/51 of the Plaintiff’s share among the buildings of this case (including buildings outside the city) was assessed as KRW 9,731,700 among the buildings of this case (including buildings outside the city) at the Seoul District Court G compulsory auction procedure for the land and buildings of this case filed by C

Accordingly, the market price corresponding to 116.62/51/29 of the defendant's share in the building of this case is 63,594,000 won (=9,731,700 won x 116.62 shares/182.89 shares).

[Grounds for Recognition: Evidence Nos. 1 through 6, Evidence Nos. 1 through 8, the market price appraisal and the result of the entrustment of surveying and appraisal, and the purport of the whole pleadings]

2. As to the instant building, it is reasonable to acquire the instant building to the Plaintiff, in full view of the causes of the co-ownership relationship, the proportion of co-ownership shares, the relationship of rights, such as lease, etc. of the instant building, the ownership relationship of the instant land, the desire of the parties, etc., which can be recognized by the overall purport of the aforementioned recognition and pleading, and it is recognized that it is reasonable to acquire the instant building from the Defendant.

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