특정공유지분의분할
1. The remaining amount after deducting the auction cost from the price shall be attached to the auction for the 6,612 square meters of the N Forest in Innju-si.
1. The Plaintiff and the Defendants shared the right to claim partition of co-owned property at each corresponding share in the separate sheet as indicated in the separate sheet of shares, 6,612 square meters (hereinafter “instant real estate”).
Among them, there was no agreement on how to divide the real estate of this case.
Therefore, the Plaintiff, a co-owner, may request the Defendants, other co-owners, to divide the instant real estate.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, purport of the whole pleadings
2. Most of the Defendants opposed to the method of partition in kind as to the method of partition of co-owned property claimed by the Plaintiff, and the Plaintiff opposed to the method of partition in kind (the form in which the Plaintiff and the Defendants owned their respective parts among the method of partition in kind) presented by some Defendants.
The survey and appraisal on each of the above spot divided methods has not been conducted, and it is difficult to find a reasonable spot divided method.
In light of the nature, location, area of the instant real estate, the share ratio of co-owners, and all other circumstances revealed in the pleadings of the instant case, it is reasonable to deem that such act constitutes a case where it is difficult or inappropriate to divide the instant real estate in kind. Therefore, it is the most equitable and reasonable method to choose an auction division.
Therefore, the real estate of this case is sold to the plaintiff and the defendants according to the share ratio stated in the separate sheet in the separate sheet, after deducting the auction cost from the auction price.
3. In conclusion, the real estate of this case is divided as above and it is so decided as per Disposition.