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(영문) 창원지방법원 2019.07.11 2018나51062
공유물분할
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, citing the same as it is in accordance with the main sentence

However, the following judgments are added to the grounds for appeal by the defendant.

2. Additional determination

A. In the case of each real estate of this case, the purport of the defendant's grounds of appeal is inappropriate for the method of dividing the price by auction. The defendant's sole ownership of each of the real estate of this case and compensation for the plaintiffs' share price should be made in kind.

The result of the market price appraisal in the first instance shall not reflect the market value properly and shall be calculated in excess of the actual value.

B. Determination 1) As a lawsuit for partition of co-owned property, it is concluded that the co-owned property should be acquired from a specific person in consideration of the causes of co-owned property, the proportion of co-owned property, and the economic value of co-owned property if divided, and the desire of co-owners as to the method of partition of co-owned property, and the acquisition of the price of the co-owned property to another co-owner is not detrimental to the real fairness of co-owner, and the co-owner shall be owned solely or jointly by one of the co-owners, but the co-owners who own the property in kind shall be entitled to compensate the other co-owners for the price of the share in kind at an appropriate and reasonable discretion (see, e.g., Supreme Court Decision 201Da15488, Apr. 1, 201).

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