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1. The defendants shall receive KRW 5,380,498 from the plaintiff, and at the same time real estate stated in the attached list to the plaintiff.
Reasons
1. Basic facts
A. On June 1, 2017, the Defendants filed a lawsuit against the Plaintiff for the registration of ownership transfer against Daejeon District Court 2016Kadan21383, and the said court rendered a judgment on June 1, 2017 that “the Plaintiff shall implement the procedure for the registration of ownership transfer on the ground of the return of legal reserve on July 6, 2016 with respect to each of the real estate listed in the separate sheet (hereinafter “instant real estate”), among the real estate listed in the separate sheet, to the Defendants.” The said judgment became final and conclusive on June 17, 2017.
B. On December 26, 2018, the market price of the instant real estate was KRW 279,785,920, which is close to the date of closing the argument in this Court.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, result of an appraisal commission to appraiser F, purport of whole pleadings
2. Determination
A. Since consultation as to the method of partition of co-owned property between the Plaintiff and the Defendants, which was co-owners of the instant real estate, the claim for partition of co-owned property of this case, the Plaintiff may file a claim
B. The method of partition of co-owned property 1-related legal principles can be selected at will when the co-owners reach an agreement, but in the case of dividing the co-owned property through a trial due to the failure to reach an agreement, in principle, the court shall divide it in kind. The auction of the goods can be ordered only when the value of the goods is likely to be reduced remarkably if it is impossible to divide it in kind or if it is divided in kind. Thus, barring the above circumstances, the court shall render a judgment to divide the co-owned property into several goods in kind, and to recognize the sole ownership of each co-owner for the goods divided in kind according to the ratio of shares of co-owner
In addition, the method of division is not a way requested by the parties, but a reasonable division is made according to the share ratio of co-owners according to the situation of the co-ownership relation or the object, at the discretion of the court.