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(영문) 대구지방법원 2016.05.17 2014가단50101
지분이전등기
Text

1.(a)

Defendant 1, the Plaintiff’s auction of land, which is the 1312746/943435 shares among the 3,966 square meters of Jin-si in Busan Metropolitan City.

Reasons

1. The Defendant, Inc., completed the registration of ownership transfer on June 17, 201 with respect to the 11,901 square meters of K forest land in Gyeonggi-si.

Of the shares in the 11,901 square meters of K-gun, Defendant B, on June 17, 201, 661/1901 shares, each of the shares in the 661/1901 shares to Defendant C, Defendant C, 396/11901 shares, Defendant D’s shares, 992/11901 shares, Defendant E, 331/1901 shares, 661/1901 shares, Defendant F, Defendant G, 1653/1901 shares, 1653/11901 shares, Defendant H, Defendant C, and Defendant I completed the registration of transfer of each share in the 992/1901 shares. The shares in the 31/1901 shares in the 31/1901/1901 shares.

K forest land 11,901 square meters was divided on January 20, 2012 and became 7,935 square meters of K forest land (hereinafter “K forest”) and 3,966 square meters of J forest land (hereinafter “J forest”) in Gyeongsan-si.

As of October 15, 2015, the market price of K forest is 124,579,500 won and the market price of J forest is 60,679,800 won.

There was no agreement between the Plaintiff and the Defendants on the prohibition of partition, and there was no agreement among the co-owners on the division of each forest.

However, at the last date of pleading in the instant case, the Plaintiff: (a) the Plaintiff was able to own K forest and J forest; and (b) the Defendants present at the meeting are able to gain more than 60 million won in the market price calculated according to the Plaintiff’s share ratio; (c) however, in consideration of the existence of a grave in K forest and fields, the Plaintiff agreed to pay 50 million won in total to the Defendants.

(In conclusion, the court below acknowledged the decline of the market price due to the existence of a grave as KRW 10 million). [Grounds for recognition]] There is no dispute. According to the above findings, according to Gap evidence Nos. 1 through 4, and the appraiser L's market price appraisal result. 2. According to the above findings, the plaintiff can file a claim for the division of jointly owned property against the defendants, who are other co-owners

The cause of sharing and the ratio of co-ownership share, and the economic value and division if divided.

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