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1.(a)
The plaintiff shall make a partition of co-owned property as to each share of 1/9 of the real estate listed in the separate sheet from the defendants.
Reasons
1. Facts of recognition;
A. As to each real estate listed in the separate sheet (hereinafter “instant real estate”), the Plaintiff owns 7/9 shares, and the Defendants own 1/9 shares, respectively.
B. The Plaintiff and the Defendants operate a stock farm in the instant real estate as a relative relationship, and the Plaintiff operates the stock farm in an appropriate amount, and the Plaintiff wishes to purchase the Defendants’ share, but the Defendants did not reach an agreement due to their different opinions on the amount.
C. Meanwhile, according to the market price appraisal of the instant real estate, each share of the Defendants is equivalent to 29,657,888 won (=266,921,00 won x 1/9,00 won).
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including virtual number), appraiser D's market appraisal result, the purport of the whole pleadings
2. In light of the relationship and intent of the parties and the current status of the use of the instant real estate, among the instant real estate, the Defendants’ share 1/9 of the instant real estate belongs to the Plaintiff. However, it is reasonable to divide the instant real estate into the Plaintiff by compensating the Defendants for KRW 29,657,888 according to the outcome of adequate and reasonable market price appraisal corresponding to the Defendants’ share.
Furthermore, it is reasonable to ensure that the Plaintiff’s obligation to compensate for the value to the Defendants following the division of real estate of this case and the Defendants’ obligation to transfer ownership to the Plaintiff is secured by simultaneous performance under the principle of equity. Accordingly, the Plaintiff received from the Defendants each procedure for ownership transfer registration as to each 1/9 share of the instant real estate, and at the same time received from the Defendants each procedure for ownership transfer registration as to each 1/9 share of the instant real estate, and paid 29,657,888 won each as compensation for shares to the Defendants. The Defendants received from the Plaintiff each 29,657,888 won as compensation for shares owned by the Defendants, and simultaneously received from the Plaintiff each 29,657