공유물분할
1. The remainder of the amount calculated by deducting the auction expenses from the proceeds by selling the G forest land of Gwangju Mine-gu at auction.
1. According to Gap evidence No. 1 of the co-ownership claim, the plaintiff and the defendants can recognize the fact that they are co-owners holding 4,860 square meters of G forest land G, Gwangju-gu (hereinafter "the land in this case") in the annexed table of co-ownership "public land share sheet". Since the above parties did not reach agreement on the method of partition of the land in this case, the plaintiff, the co-owner of the land in this case, can file a claim against the defendants, other co-owners, for partition of the land in this case pursuant to Article 269(1) of the Civil Act.
Therefore, even if it is possible to divide the article in kind formally, if it is not possible to divide the article in kind according to the ratio of shares of each co-owner in consideration of the location, area and surrounding roads, use value, price, ownership ratio of co-owner and use and profit-making status of each co-owner, it is not necessary to divide the article in kind, but to divide the article jointly owned by the method of payment in kind.
(See Supreme Court Decision 92Da30603 delivered on January 19, 1993, etc.). Furthermore, the parties are divided.