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(영문) 수원지방법원평택지원 2017.04.18 2015가단224
공유물분할
Text

1. The real estate listed in Appendix 1 List shall be owned by the plaintiff.

2. The plaintiff is listed in attached Form 2 to the defendants.

Reasons

1. According to the purport of the entire pleadings as to Gap evidence No. 2 (including additional numbers), real estate listed in the separate sheet No. 1 (hereinafter referred to as "real estate of this case") is acknowledged to have been owned by the plaintiff as 64/60 shares, and the defendants as to co-owned shares listed in the separate sheet No. 2, and it is apparent in light of the purport of the whole pleadings that there is no agreement as to co-owned shares in the real estate of this case. Thus, the plaintiff may file a claim against the defendants as co-owned shares in this case.

In full view of the purport of the argument in Gap evidence No. 1 and the overall purport of the argument as a result of the commission of appraisal to appraiser X of this court, the real estate of this case is used as the site of the building owned by the plaintiff, along with other land owned by the plaintiff which is less than 22 square meters and adjacent to the plaintiff. The plaintiff wishes to divide the real estate of this case into the plaintiff, and the plaintiff paid the money equivalent to the value of the shares of the defendants. In full view of these circumstances, the real estate of this case is owned by the plaintiff, and it is reasonable to divide the real estate of this case into the real estate of this case by paying the money equivalent to the value of shares of the defendants with respect to the real estate

According to the court's entrustment of appraisal of appraiser X, the market price at the time of September 7, 2016, which is close to the date of closing the argument of the instant real estate, is 11,506,000. The economic value of the Defendants owned by sharing the instant real estate is each the amount indicated in the payment column in comparison with the payment ratio specified in attached Table 2.

Therefore, the instant real estate is divided into the Plaintiff, and the Plaintiff has a duty to pay each amount indicated in the payment schedule in comparison with the ratio of shares in attached Form 2 to the Defendants.

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