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1.(a)
The Defendants shall jointly own 1/30 shares of each real estate listed in the separate sheet from the Plaintiff.
Reasons
(b) order to be simultaneously performed;
The Defendants asserted to the effect that the amount compensation should be paid to the Plaintiff by the method of partition of co-owned property as to the instant real property, even if the Defendants’ claim for partition of co-owned property as to the instant real property was accepted, it would offset the Plaintiff’s claim for reimbursement due to the said subrogation by the Defendants.
On April 3, 2015, the Defendants subrogated for KRW 201,907,505 of the secured debt of the right to collateral security, which is the Plaintiff’s debtor, to the National Bank of Korea, which was established by the Defendants on April 3, 2015. Thus, the Defendants, the subrogation, have the claim for reimbursement of KRW 201,907,505 against the Plaintiff.
However, the obligation to pay the value compensation due to the division of co-owned property borne by the Defendants to the Plaintiff arises only when the judgment forming a co-owned property partition based on the method of payment, which is the premise thereof, becomes final and conclusive. Therefore, it cannot be deemed that the claim for compensation itself exists before the judgment becomes final and conclusive, and the above claim for compensation amount and the above claim for compensation amount cannot be deemed as a offset. Therefore, the aforementioned set-off defense by the Defendants
Therefore, the Defendants are obligated to pay to the Plaintiff each of the KRW 318,637,276 ( KRW 9,559,118,300, KRW 1/300, KRW 1/30, KRW 1/30, and KRW less than KRW 1/30) with the amount of compensation, while receiving payment from the Defendants of KRW 318,637,276 for each of the instant real property ( KRW 1/30, KRW 1/30, KRW 1/30, KRW 1/30, KRW 1/30, KRW 318,637, and KRW 276). At the same time, the Defendants are obligated to implement the procedure for ownership transfer registration for each of the instant real property divided.
3. It is so decided as per Disposition on the same ground as above.