공유물분할
1. The amount calculated by deducting the expenses for the auction procedure from the proceeds by selling the forest land 9,322 square meters in Yangyang-gun, Jeonyang-gun.
1. Facts of recognition;
A. The Plaintiffs and the Defendant shared each of 1/3 shares of forest C, 9,322 square meters (hereinafter “instant real estate”) in Yongyang-gun, Jeonyang-gun.
B. The plaintiffs and the defendant agreed on the division of the jointly owned property several times, but they did not reach an agreement.
[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole pleading
2. In principle, the partition of co-owned property by judgment may be divided in kind as long as a reasonable partition can be made according to the share of each co-owner, or if it is impossible to divide in kind, an auction may be ordered to divide in kind. In the payment, the requirement that “it cannot be divided in kind” is not physically strict interpretation, but physically includes cases where it is difficult or inappropriate to divide in kind in light of the nature, location, area, situation of use, and use value after the partition.
In light of the above legal principles, in full view of the following circumstances, it is difficult or inappropriate to divide the real estate of this case into kind between the plaintiffs and the defendant as a result of the appraisal by the Health Center and the Pacific appraisal corporation, and the purport of the entire pleadings, the real estate of this case is an equitable and reasonable method to divide the price according to the ratio of shares between the plaintiffs and the defendant after selling it at auction, since it is difficult or inappropriate to divide the real estate of this case into kind between the plaintiffs and the defendant.
① The instant real estate is a dead site, and it is difficult to find a method of fair and reasonable spot distribution according to the respective share ratio between the Plaintiffs and the Defendant, as the location map of the instant real estate (part of the graveyard appears to be unrelated to the Defendant) is installed at the location of the instant real estate.
② The appraisal price of the instant real estate is KRW 220,931,400 (23,700 per square meter). The Plaintiffs are three times the appraisal price for the Defendant’s share.