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(영문) 수원지방법원 2016.08.17 2015가단45310
공유물분할 등
Text

1. The defendant is paid KRW 36,825,396 from the plaintiff and at the same time, among the movable properties listed in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. The building listed in the attached list (hereinafter “the apartment of this case”) is owned by the Plaintiff at 110/126 among them, and the Defendant shared at 16/126 among them.

B. The Plaintiff and the Defendant did not reach an agreement on the method of partition of the instant apartment. The Plaintiff wishes to compensate for the value of the Defendant’s share and receive the shares transferred.

C. The market price of the apartment of this case is KRW 290,000,000.

[Grounds for recognition] The entry of Gap 1, the result of the market price appraisal of appraiser Eul, the purport of the whole pleadings

2. Determination on the cause of the claim

A. Since the co-owners of the apartment in this case, upon the occurrence of the claim for partition of the co-ownership, did not reach an agreement on the method of partition of the co-ownership, one of the co-owners can file a claim for partition of the apartment in this case against the defendant who is the remaining co-owners pursuant to Article 269(1) of

B. The lawsuit for partition of the common property is a form of lawsuit for partition of the common property, which is the method of partition, and refers to the resolution of co-ownership relation as to the objects of co-ownership through the exchange of shares between co-owners or the sale and purchase of the objects of co-ownership. As such, the court shall make a reasonable partition according to the share ratio of co-owners depending on the relation of co-ownership or the overall circumstances of the objects of the co-ownership, not by the method requested by the claimant for partition,

It is recognized that it is reasonable to acquire the jointly owned property concerned to a specific person, comprehensively taking into account the causes of the sharing relationship, the ratio of shares to co-ownership, the economic value of the divided property, the wishes of co-owners for the divided method, and the acquisition of the price of shares to other co-owners is not detrimental to the substantial fairness of co-owners.

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