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(영문) 인천지방법원 2019.07.04 2019가단206208
공유물분할
Text

1. The real estate listed in the separate sheet shall be owned solely by the plaintiff A by dividing it;

2. The plaintiff A is the defendant 27,272.

Reasons

In light of the purport of the entirety of the pleadings, the real estate of this case was purchased on January 24, 200 by the Plaintiff’s spouse, the remaining Plaintiffs, and the Defendant’s J, and resided together with the Plaintiff A. The Plaintiffs and the Defendant first completed inheritance registration in order to avoid additional tax due to delayed payment of inheritance tax, etc. on July 11, 201 after the death of J. The remaining Plaintiffs other than the Defendant waive their respective shares and transfer their shares to the Plaintiff A. The Defendant’s co-ownership share is merely 22/121, and the Plaintiff’s co-ownership as an apartment for residence is merely 22/121, and it appears that it would not undermine the Defendant’s right to share in the real estate of this case based on the fair acquisition price of the Plaintiff’s share in the real estate of this case.

Therefore, the instant real estate shall be divided and owned by Plaintiff A, and Plaintiff A shall divide the instant real estate in kind into KRW 27,272,7272,727 according to the Defendant’s share ratio among KRW 150,00,00, the average trading price of the instant real estate at the time of January 18, 2019, which is the 150,000,000 (=150,000,000) to the Defendant.

3. The plaintiffs' claim is justified and it is so decided as per Disposition.

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