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(영문) 대구지방법원포항지원 2020.09.10 2018가단106423
공유물분할
Text

1.(a)

1. The defendant B received KRW 101,200,000 from the plaintiff and at the same time attached Table 1.

Reasons

According to the facts without dispute, Gap evidence Nos. 1 through 6 (including the provisional number) and the purport of the entire pleadings, according to the following purport: ① The plaintiff expressed the 19,090,771/22,545,978 of each real estate listed in the separate sheet; ④ The defendant Eul expressed the 3,216,213/22,545,978 of each real estate; Eul owns the 14,508/22,545,978 of each real estate; Eul owns the 144,508/22,545,978 of each real estate; ② the defendant Eul owned the 94,486/22,545,978 of each real estate; ② the plaintiff was the sole heir of the above real estate; ③ the defendants expressed their intent to divide the real estate in kind or purchase each share by the method of the above real estate on the date of pleading in this case; ④ the size of each real estate listed in the separate sheet; and the possibility of land utilization.

Therefore, it is reasonable to divide the Plaintiff’s ownership of each real estate listed in the separate sheet by compensating the Defendants, a co-owner, for the price of the shares.

According to the court's entrustment of market price appraisal, the real estate listed in Paragraph (1) of the attached Table No. 1 as of June 25, 2020, the real estate listed in Paragraph (2) of the attached Table No. 76.5 billion won, the real estate listed in Paragraph (2) of the attached Table No. 2 of the attached Table No. 187.90,000 won, and the real estate listed in Paragraph (3) of the attached Table No. 3 of the attached Table No. 5,40,000 won has been assessed. The market price shall be presumed to be the same amount even before the closing

Therefore, the Plaintiff is obligated to pay the Defendants each share of each of the real estate listed in the separate sheet with the amount indicated in the “value of each share” column in the separate sheet. The Defendants are obligated to implement the registration procedure for ownership transfer based on each co-owned property partition as to each share of each of the above real estate. The Plaintiffs’ respective obligations are mutually liable.

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