공유물분할
1. A ship that connects each point of the attached Form Nos. 4, 5, 11, 12, and 4 in order among the 1,934 square meters of the forest land C in Chungcheongnam-si, Chungcheongnam-si.
Comprehensively taking account of the overall purport of the arguments in the statement Nos. 1 and 2, the Plaintiff and the Defendant shared each share of Plaintiff 1/4 and Defendant 3/4 of 309 square meters of C forest land, 1,934 square meters, and D 309 square meters (hereinafter “each real estate of this case”) in Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, and the facts that the Plaintiff and the Defendant did not reach agreement on the method of dividing each of the real estate of this case by the date of closing argument of this case. Thus, the Plaintiff may file a claim for a partition of co-owned property against the Defendant
The court shall, in principle, divide the article jointly owned in kind in cases of dividing the article jointly owned by a trial due to the failure to reach an agreement among the co-owners, but in cases of dividing the article jointly owned by a trial, the court shall order the auction of the article only when it is impossible to divide it in kind or it is possible to divide it in kind, and the price can be divided by ordering the auction of the article only when the value of the article might be significantly reduced. Thus, barring the above circumstances, the court shall render a judgment to divide the article jointly owned into several articles in kind according to the ratio of shares
In full view of the following: (a) the Plaintiff presented a draft subdivision as stated in Paragraph (1) of this Article; and (b) the Defendant did not present a detailed draft subdivision order to submit a draft subdivision order desired by the Defendant in the event that the Plaintiff does not consent to the draft subdivision; and (c) the date of conciliation and the date of pleading does not appear on the date of pleading; and (d) the shape and value of each real estate of this case and the land owned by the Plaintiff and the Defendant through the division, the instant real estate should be divided in kind as stated in Paragraph (1) of this Article.