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(영문) 대전지방법원홍성지원 2020.08.26 2016가단12502
공유물분할
Text

Attached Form

1. Of the described real property, the annex:

2. The ownership of the Plaintiff and the attached Form shall be the real estate stated.

3. The real estate mentioned above shall be by the defendant B.

Reasons

1. Basic facts

A. The plaintiff and the defendants are attached to the attached Form

1. Each third share of the recorded real estate is co-owned.

The market price shall be in attached Form.

1. The sum is the same as the description of the assessed value in the statement. Since the sum is a total of KRW 2,44,726,00, and each share of the Plaintiff and the Defendants is a third share, each of the assessed value is KRW 814,908,667 (if the sum is omitted).

B. The Plaintiff and the Defendants did not agree with a special agreement that does not divide the above real estate.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 23, the results of appraiser D's measurement and appraisal, the results of appraiser E's appraisal, the purport of the whole pleadings

2. In a lawsuit for partition of co-owned property, the court shall issue an order for partition according to the share ratio in a reasonable manner by comprehensively taking into account the co-ownership relation or all the circumstances of the property which is the object thereof, and in principle, the share ratio refers to the share ratio of the value according to the share ratio. In a case where the shape, location, situation of use or economic value of the object to be partitioned is not equal, the court shall, in principle, issue an

(See Supreme Court Decision 9Da6746 delivered on June 11, 1999, etc.). Attached Form owned by the Health Unit, the Plaintiff, and the Defendants in relation to the instant case

1. Where the recorded real estate is scattered and thus, it appears that the economic value of each parcel is equivalent to the share ratio rather than dividing it into the originals in one-third of each unit, and it appears convenient for the Plaintiff and the Defendants to use and profit from each parcel. The purport of the claim as of June 26, 2020 proposed by the Plaintiff and the method of dividing the jointly owned property as stated in the application form for change of the cause of the claim;

1. Of the described real property, the annex:

2. The ownership of the Plaintiff and the attached Form shall be the real estate stated.

3. The real estate recorded shall be owned by Defendant B, and attached Form.

4. If the stated real estate is divided into the ownership of Defendant C, the Plaintiff shall be KRW 814,897,00, Defendant B shall be KRW 814,942,00, and Defendant C shall be liable.

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