공유물분할
1. The plaintiff shall sell the 87,550 square meters of the C Forest in Kimcheon-si to an auction, and the remaining amount after deducting the auction cost from the price.
1. Basic facts
A. The Plaintiff and the Defendant owned 1/2 shares each of the instant land, 87,550 square meters of land in Kimcheon-si, Kimcheon-si (hereinafter “instant land”).
B. The Plaintiff and the Defendant did not reach an agreement on the method of dividing the instant land until the date of closing the argument in the instant case.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings
2. According to the facts acknowledged above, since the agreement on the method of partition between the plaintiff and the defendant, who was co-owners of the land of this case, did not constitute an agreement on the partition, the plaintiff as co-owner of the land of this case may file a partition claim against the defendant
3. Method of partition of co-owned property;
A. Division of a co-owner's jointly-owned property may be selected at will if the co-owners reach an agreement, but if the jointly-owned property is divided by a trial due to the failure to reach an agreement, the court shall, in principle, divide it in kind. The court may order the auction of the goods only when it is impossible to divide it in kind or when the value of the property is significantly reduced if it is divided in kind. Thus, barring such circumstances, the court shall render a judgment that recognizes the sole ownership of each co-owner for the divided property by dividing the jointly-owned property into several goods in kind in proportion to the shares of each co-owner, and the method of division shall be reasonable division according to the share ratio of co-owner at the court's discretion, rather than by the method requested by the parties (see, e.g., Supreme Court Decision 97Da18219, Sept. 9, 197). b.
The following circumstances, which are acknowledged by the respective descriptions of evidence Nos. 2 and 6, and the overall purport of each video and pleading of evidence Nos. 3 and 4 (including each number), i.e., the land of this case is northwest with forest land located within the mountainous district of the acute slope.