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(영문) 청주지방법원영동지원 2014.05.23 2013가단2527
공유물분할
Text

1. The land described in paragraph 1, among each land listed in the separate sheet No. 1, is owned by the Plaintiff (Counterclaim Defendant) and described in paragraphs 2 and 3, respectively.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; or (b) evidence Nos. 1 to 4, 3, and 4; and (c) evidence No. 2; and (d) the purport of the entire pleadings as a result of the market price appraisal by the appraiser C.

On September 22, 2006, the Plaintiff and the Defendant purchased 5,393 square meters (hereinafter “land before subdivision”) prior to the Da (hereinafter “D”) in KRW 135,00,000 and completed the registration of ownership transfer on October 24, 2006, respectively.

B. On April 5, 2013, the land before subdivision was divided into one hundred and thirty-seven square meters before each of the instant land and F, and the Plaintiff and the Defendant owned one-half shares of each of the instant land and F, respectively.

C. As of December 13, 2013, the market price of the instant land No. 1 is KRW 45,345,300; the market price of the instant land No. 2 is KRW 38,128,400; and the market price of the instant land No. 3 is KRW 6,841,100.

2. The parties' assertion

A. The Plaintiff’s assertion (claim of Merit) and the Defendant did not have reached a co-owned property partition agreement on each of the lands of this case, and each of the lands of this case shall be divided as shown in the annexed Forms 2, 3, and 4.

B. On March 2, 2013, the Defendant asserted that the land before subdivision was divided between the Plaintiff and the Plaintiff; ① the right-hand side is owned by the Plaintiff, the left-hand side is owned by the Defendant; ② the access road to the Plaintiff’s land is owned by the Defendant; ③ if the size of the land after subdivision is excessive or deficient, the land before subdivision was settled on the basis of the price [83,000 won per square meter (per approximately 3.306 square meter) at the time of purchase; ④ the co-owned property partition agreement was made to the effect that the cost of partition is jointly borne.

Accordingly, the land before subdivision was divided as it was based on the facts, and the area of the land No. 1, which is the right-hand land that the plaintiff intended to own, is 3,003 square meters, and the total area of the land No. 2 and 3, which is the left-hand land that the defendant intended to own,

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