공유물분할
1. The real estate listed in [Attachment I] shall be attached to the auction and the proceeds of the auction shall be deducted from the proceeds of the auction.
[Attachment 1] Each real estate listed in [Attachment 1] (hereinafter “instant real estate”) is jointly owned by the Plaintiff and the Defendants in proportion to their respective shares indicated in [Attachment 2]. The agreement on partition of the instant real estate was not reached between the Plaintiff and the Defendants.
[Ground of recognition] A-1-5 of evidence Nos. 1, and the purport of the entire pleadings are the fact of recognition. The real estate of this case, as part of forest land, may vary depending on the possibility of passage through and convenience in the public road, possibility of development, existence of graves, etc. in the event of dividing in kind, and the method of dividing the real estate of this case does not coincide with its equity ratio and size. Thus, it is reasonable to deem that the real estate of this case constitutes a case where it is impossible to divide in kind in kind or it is likely that the value will be significantly reduced if it is divided in kind. Thus, it is appropriate to divide the real estate of this case to the Plaintiff and the Defendants according to their share ratio.