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(영문) 대전지방법원천안지원 2019.07.10 2018가단109789
공유물분할
Text

1. It shall be the sole ownership of the plaintiff by dividing the real estate listed in the attached list No. 2;

2. The plaintiff 4,126.

Reasons

In full view of the purport of the argument as to Gap evidence Nos. 1 through 3, the result of the fact finding about the market price of the W Appraisal Office of this Court, the plaintiff and the defendants shared the share ratio in the annexed sheet No. 1 as to the land entered in the order (hereinafter referred to as the "land of this case"). ② As of the date of the closing of argument of this case, consultation about the partition of co-owned property cannot be held as to the land of this case because the defendant L and M are unknown, among the above co-owners, and some of the remaining Defendants did not state their opinion about division or seek the method of partition. ③ The land of this case is designated and publicly announced as the Seocheon District X Urban Development Zone under the Urban Development Act as of June 21, 2018. The market price appraisal result as of June 21, 2018, which is the date of the decision on the designation of the district, was 60,240,000 won, ④ the whole area of the land of this case is less than 251m2, and less than the value of the co-owners or the above co-owners.

When calculating the amount of compensation for the value to be returned to each of the Defendants, co-owners other than the Plaintiff, the amount of compensation for the value to be returned to each of the Defendants (i.e., the amount less than original KRW 4,126,984 (hereinafter referred to as “cost”) (i.e., KRW 65,00,000 x KRW 3876/61047), Defendant (Appointed Party) B 16,507,936 (i.e., KRW 65,000 x 1504/61047) and Defendant C4.

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