공유물분할
1. The forest of 8,826 square meters in the mountain of the mountain of the mountain of the mountain of the mountain;
A. Each point of Attached Form 1-8, 17, 16, 19, 18, 9-11, and 1 of Attached Form 2.
Basic Facts
A. On February 21, 1977, R, the owner of C forest land 8,826 square meters (hereinafter “the instant forest”) in the mountain of this case, was sold to A on February 21, 197, and A completed the registration of ownership transfer on 84/89 shares among the instant forest land on February 26, 197.
B. R died on March 12, 1997, and his heir was Defendant D (spouse), Defendant E, F, G, H, H, I, K, K, L, and M.
C. S died on July 7, 1998, and his heir has Defendant N(spouse), DefendantO, P, and Q (each child).
After the filing of the instant lawsuit, A died on May 21, 2015, and the Plaintiff, the deceased’s spouse, completed the registration of ownership transfer on July 2, 2015 with respect to 84/89 shares out of the forest land of this case on May 21, 2015.
[Based on the facts without dispute, Gap evidence Nos. 1 through 4, 6, Gap evidence No. 7-1, 2, Gap evidence No. 8, 9, Gap evidence Nos. 10 and 11, and the facts of recognition as the whole establishment of the right to claim a partition of co-owned property in the forest of this case, the plaintiff among the forest of this case was 84/89 shares, defendant D's shares 135/18423 shares, defendant E, F, G, H, K, L, M were 90/18423 shares, and defendant N owned 30/18423 shares, defendant O, P, and Q owned 20/18423 shares, respectively, and the method of division was not reached between the plaintiff and the defendants. Thus, the plaintiff may claim a partition of the forest of this case against the defendants' co-ownership rights.
The method of partition of co-owned property can be selected at will if there is an agreement between the parties. However, if the co-owned property is divided by a trial due to the failure to reach an agreement, it is in principle divided in kind. If it is impossible to divide it in kind or if it is possible to divide it in kind, the auction of the property can be ordered only when the value might be significantly decreased. In this case, the case is concerned.