공유물분할
1. Of the 6,943 square meters of C Forest land in Osan-si, attached appraisal marks are linked in sequence to each point of Category A, 1, 2, 3, 3, 8, and Ga.
Comprehensively taking account of the respective entries and arguments in Gap evidence Nos. 1 and 2 as well as the purport of the whole pleadings, the plaintiff owns 661/6943 shares among Osan-si C Forest land 6,943 square meters (hereinafter "the land in this case"), and the defendant owns 661/6943 shares, and it can be acknowledged that the plaintiff and the defendant did not reach an agreement on the method of partition between the plaintiff and the defendant. Thus, the plaintiff may claim a partition of the land in this case against the defendant by his co-ownership.
2. Division of the method of partition of co-owned property can be decided voluntarily, but if the co-owned property is divided by a trial due to the failure to reach agreement, it is in principle divided in kind. If it is impossible to divide it in kind or if it is divided in kind in kind, the auction of the property can be ordered only when the value decreases remarkably. In this case, there is no special circumstance like this, and therefore, the land of this case shall be divided by the method of spot partition.
As to the detailed method of partition of the land of this case, the following circumstances, which can be known by the overall purport of the pleading, are as follows: (a) the Plaintiff owns 2,648 square meters away from the land of this case, i.e., the Plaintiff’s appraisal in attached Form No. 1, 2, 3, 3, 8, and 61 square meters in part (hereinafter “the access road of this case”) that connects each point of the Plaintiff to the above D land in sequence; (b) the access road of this case is used as the access to the land of this case; and (c) the access road of this case is identical to the area corresponding to the Plaintiff’s share among the land of this case, and is divided into the land division in kind, such as the Plaintiff’s assertion.