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(영문) 서울중앙지방법원 2017.04.04 2015가단135185
공유토지분할
Text

1. Part 1 of 2,474 square meters in the annexed Form No. 5 to 18, and 5, among the areas of 2,474 square meters in the lusium C. 2.

Reasons

1. Basic facts

A. 2,160/2,474 shares in C river 2,474 square meters (hereinafter “the instant river”) in Masung-si are owned by the Plaintiff; the Defendant owns shares in 314/2,474; and the Plaintiff owns shares in 81/109 square meters in D bank 109 square meters (hereinafter “the instant bank”); and the Defendant owns shares in 28/109, respectively.

B. Among the instant rivers, the above FF road, which is an adjacent land with a size of 314 square meters and its roads connected in sequence to each point of the same map indication 1 through 4, 18, 17, and 1, among the instant rivers, and G factory sites using the said road are owned by the Defendant.

C. Although the Plaintiff’s share in the instant bank was under consultation in the direction to purchase the Plaintiff’s shares, the Defendant purchased each of the said shares at KRW 600,000 per square meter (3.305785 square meter) around July 20, 209, and the Plaintiff acquired the shares at KRW 170,000 per square meter through a public sale on or around February 17, 2014, and tried to determine the sales price based on each acquisition price, and the gap between the two is not narrow.

On July 4, 2016, the market price of the instant bank is 85,800 won per square meter.

[Reasons for Recognition: Descriptions of Evidence A 1 through 19, Market Price Appraisal, Results of Request for Measurement of Survey and Appraisal, and Purport of the whole pleadings]

2. Determination:

A. As to the river of this case, the river of this case is divided as described in Paragraph (1) of this Article by comprehensively taking into account various circumstances, such as the relationship between the Plaintiff and the Defendant, co-ownership ratio, the location, shape, area, land category, and current status of use of the river of this case.

B. As to the instant bank, it is recognized that it is reasonable to acquire the instant bank to the Plaintiff in full view of the following factors: (a) the causes of the sharing relationship that can be recognized by the aforementioned facts and the purport of the entire pleadings; (b) the ratio of co-ownership shares to co-owned shares; and (c) the economic value in the case of division; and (d) the wishes

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