공유물분할
1. The remainder of D Forest land 2832 square meters in Jin-si, Jin-si, Jin-si, and the proceeds of the sale less the expenses for the auction.
1. The facts under the circumstances below can be acknowledged as either a dispute between the parties or a whole of the arguments in the statements in Gap evidence 1 to 6, Eul evidence 1 to 6.
The forest land of this case was owned by the father of the Defendants, and the Dong died on February 16, 1981. On January 31, 1991, the registration of ownership transfer was completed on the ground of the inheritance’s share as indicated below. The registration date of inheritance transfer was 1 E3/16/162/162/162/16 June 5, 2012, with the aggregate of the shares of the Defendants on June 2/16/16/163 B 3/163/163/16, and 16/162/166/166/162/166/166/16 of the aggregate of shares of the Defendants’ respective donations on June 5, 2012. < Amended by Presidential Decree No. 23788, Jun. 22/16, 2012; Presidential Decree No. 27025, Jun. 16, 2016>
B. On November 25, 2013, the decision to commence the sale of shares of the said K KK Co., Ltd. among the instant forests was rendered (Jinwon District Court Jinwon Branch L L), and on March 8, 2016, the Plaintiff completed the registration of ownership transfer on the ground of “sale due to a voluntary auction” with respect to the said shares of 11/16 out of the forest land in the instant case.
C. At present, approximately 15 seedlings of the Defendants, such as a tombstone, are installed in the forest of this case, and the middle of the forest of this case is constructed with a farming shed.
2. Determination
A. The following circumstances are acknowledged in full view of the facts acknowledged as above and the purport of the entire arguments in each of the above evidence.
(1) The Plaintiff and the Defendants recognize that it is inappropriate to divide the forest of this case in kind in kind, either in kind or in other size (in particular, the same shall apply to the division, such as the Plaintiff and Defendant B’s claim), and the actual forest of this case is unable to be divided in kind in kind in a fair manner, or the value of the land partially divided due to division is considerably reduced.