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(영문) 대전지방법원 2017.09.15 2016가단217816
공유물분할
Text

1. The defendant shall receive KRW 47,696,420 from the plaintiff A and at the same time 80.

Reasons

1. Basic facts

A. 1) The ownership relationship of the real estate listed in the separate sheet 1) D refers to each real estate listed in the separate sheet 1981 (hereinafter referred to as “instant real estate”) and each individual real estate is named as a number.

(2) D) The heir died on March 9, 2007, and his spouse E, children, the Plaintiffs, the Defendant, the F, G, and H exist.

3) On May 25, 2010, according to the agreement on the division of inherited property among the inheritors, Plaintiff A, Plaintiff B, G, and H with respect to the instant real estate on May 25, 2010, completed each share transfer registration with the Defendant’s share 217/99, and the Defendant’s share 80/949. As to the instant real estate, Plaintiff and the Defendant, G, and H completed each share transfer registration with respect to the instant real estate on January 13, 2011, H donated all their share to G. On May 24, 2011, G sold all their share, including the share donated by H with respect to the instant real estate on May 24, 2011.

5) As a result, Plaintiff A shares 562/949; Plaintiff B shares 217/949; Defendant shares 80/949 shares; Plaintiff B shares 3/5; Plaintiff B; and Defendant shares 1/5 shares; and Plaintiff A shares 1/5 shares. B. From around 2007, Plaintiff A occupies and manages the real estate in this case. (c) The market price of the real estate in Paragraph (1) is KRW 359,192,00; (d) the market price of the real estate in Paragraph (2) is KRW 87,084,00; and (d) there was no special agreement prohibiting division between the Plaintiffs and Defendant on the non-existence of a special agreement prohibiting division and the method of subdivision; and (e) the agreement on the method of division is not concluded until the date of closing argument.

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