공유물분할
1. The attached appraisal map 1, 2, 3, 4, 5, 66, and 1, among the 5,49 square meters of E forest and field in Tong-si, shall take precedence over each point of 1, 2, 49 square meters.
The Plaintiff and the Defendants shared 1/4 shares of each of the instant forest land, E forest land E, 5,499 square meters (hereinafter “instant forest”) at the time of the formation of the right to partition of co-owned property. The fact that the Plaintiff and the Defendants did not reach an agreement on the method of partition of the instant forest by the closing date of pleadings does not conflict between the parties, or that agreement on the method of partition of the instant forest is not reached between the parties, or that the purport of the entire
According to the above facts, the Plaintiff, a co-owner of the forest of this case, may request the Defendants, other co-owners, to divide the forest of this case pursuant to Article 269(1) of the Civil Act.
The method of partition of co-owned property is divided into one form of co-ownership of the article, and one ownership of the article belongs to several persons. Barring special circumstances, each co-owner shall have a unilateral right to abolish the existing co-ownership relationship by filing a claim for partition of the article jointly owned and to realize the legal relationship that distributes the article among the co-owners (the freedom of partition of the article jointly owned). The partition of the article jointly owned may choose the method at will if the parties reach an agreement, but if the article jointly owned is divided by judgment because the agreement is not reached, the court shall, in principle, divide it in kind. If the article jointly owned is not possible in kind or if it is impossible to divide it in kind, or if it is possible to divide it in kind,
(Supreme Court Decision 91Da27228 delivered on November 12, 1991). In light of the above legal principles, considering the survey and appraisal results conducted by the director of the Korea Land Information Corporation, the appraiser F’s market price appraisal results, and the overall purport of the pleadings, the following facts and circumstances acknowledged as a whole, the attached appraisal among the forest of this case are as follows: (a) the part (a) of the ship connecting each point of the land of this case, namely, indication 1,2, 3, 4, 5, 56, 1.