공유물분할
1. The remaining amount which is 25,785 square meters of D forest land in Seosan-si shall be put up for an auction and the auction expenses shall be deducted from the proceeds of the sale.
In full view of the purport of the argument in Gap evidence No. 1, the plaintiff and the defendants shared the plaintiff 6,035/8,595 square meters of D forest land 25,785 square meters (hereinafter "the forest of this case") in proportion to the ratio of the plaintiff 6,035/8,595, the defendant C2,009/8,595, and the defendant C2,009/8,5955. Since the plaintiff and the defendants did not reach an agreement on the division of the forest of this case, the plaintiff may file a claim against the defendants for the division of the forest of this case pursuant to Article 269 (1) of the Civil Act.
Furthermore, the method of division is examined.
Division of the jointly-owned property may be selected at will if there is an agreement between the co-owners. However, if the jointly-owned property is divided by a trial due to a lack of 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 price may be reduced remarkably, and the auction of the property may be ordered to be paid in installments.
(2) In light of the purport of the entire pleadings as to the Plaintiff’s share in the forest of this case, the Plaintiff’s share in the forest of this case can be recognized as having been registered through the establishment of a neighboring mortgage. In the event that the forest of this case is divided in kind in the forest of this case, the effect of the right to collateral security is over the land owned by the Defendants after the division. Thus, it is reasonable to divide the forest of this case into the forest of this case by the method of payment.
Therefore, it is so decided as per Disposition by deciding to distribute the remaining amount after deducting the auction cost from the sale price by selling the forest of this case to auction at the ratio of shares of the plaintiff and the defendants.