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(영문) 창원지방법원통영지원 2019.11.26 2019가단2192
공유물분할
Text

1. The defendant received KRW 38,751,673 from the plaintiff and simultaneously received KRW 12.2

Reasons

The Plaintiff’s share in the real estate listed in the separate sheet (hereinafter “instant real estate”), the Defendant owned shares in 37/49 of the instant real estate, and the fact that the Plaintiff and the Defendant did not reach an agreement on partition regarding the instant real estate, may be acknowledged pursuant to the purport of the entire entries and pleadings in the evidence Nos. 1, 4, and 5, and the entire purport of the pleadings, as the Plaintiff, a co-owner of the instant real estate, may file a claim for partition of the instant real estate against the Defendant, who is another co-owner pursuant to Article 269(1) of the Civil Act.

Furthermore, in full view of the following circumstances: (a) the Plaintiff and the Defendant shared the instant real estate; (b) the proportion of co-ownership shares; and (c) the Defendant’s whereabouts are unknown; and (d) the pleading was conducted by public notice; (b) the market price is calculated through an appraiser’s appraisal as to the instant real estate; and (c) even if the Plaintiff and the Defendant divided the instant real estate in kind by full price compensation at a price equivalent to the Defendant’s co-ownership; and (d) all circumstances recognized by the result of the appraisal commission to the appraiser C and the purport of the entire pleadings, it is reasonable that the Defendant transferred

Therefore, the Defendant received KRW 38,751,673 from the Plaintiff (i.e., the value of real estate 158,236,00 won x 12/49, and 12/49). At the same time, the Plaintiff is obliged to pay KRW 38,751,673 to the Defendant at the same time when he/she completed the procedure for ownership transfer registration based on the partition of co-owned property as to the share among the instant real estate 12/49, and the Plaintiff is obliged to pay KRW 38,751,673 to the Defendant.

Then, this case.

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