공유물분할
1. The Plaintiff A, B, and B shall sell the E Forest land to auction and deduct the auction cost from the price.
1. If the purport of the entire pleadings is added to the statement in Gap evidence No. 1, the plaintiffs and the defendants share 10654 square meters of forest E (hereinafter "the forest of this case") in proportion to each of the 3306/106/10654, defendant C, respectively, and 736/10654. The plaintiffs and the defendants did not reach an agreement on the method of partition between the plaintiffs and the defendants. Thus, the plaintiffs have the right to make a partition of co-owned property as to the forest of this case.
2. In principle, partition of co-owned property according to the judgment on the method of partition of co-owned property shall be made in kind as far as it is possible to make a rational partition according to the shares of each co-owner, but if it is impossible to partition in kind or even if it is possible, if it might cause a sharp decrease in the value thereof, it shall be made by dividing the proceeds by auction of the co-owned property
Here, the requirement of "cases where it is not possible to divide in kind" is not a physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide in kind in light of the nature, location, area, situation of use, value of use after the division, etc. of the common property.
In addition, the requirement that “if the property is divided in kind, the value thereof may be reduced remarkably” includes not only the case where the exchange value of the whole property jointly owned is significantly reduced due to the in-kind division but also the case where the value of the part to be owned by the owner is remarkably reduced considerably than the share value before the partition of co-owned property, even if one of the co-owners fails to make a fair partition.
(see, e.g., Supreme Court Decisions 92Da30603, Jan. 19, 1993; 2002Da4580, Apr. 12, 2002). According to the foregoing, in full view of the following circumstances acknowledged by adding the whole purport of the pleadings to the entries in evidence No. 2, the forest of this case shall be put to an auction.