공유물분할
1. The Defendants are with respect to each share in the separate sheet purchase column in the J 94017 square meters of forest J 94017 square meters from the Plaintiff at port.
1. At the time of a port based on the fact-finding, K shared shares of 1591/94017 shares in J-J-based 901/94017 shares, Defendant B’s 22546/94017 shares, Defendant C’s 3138/94017 shares, Defendant D’s 1569/94017 shares, Defendant F’s 9402/94017 shares, Defendant H’s 5636/94017 shares, Defendant C’s 7835/94017 shares, and Defendant I shared shares.
On June 4, 2018, the Plaintiff purchased K’s 1591/94017 shares out of the instant forest by public auction, and completed the registration of ownership transfer on June 15, 2018.
Ultimately, the forest land of this case is owned by the Plaintiff and the Defendants.
No agreement was reached between the Plaintiff and the Defendants regarding the method of dividing the forest of this case until the date of closing the argument in this case.
On the other hand, among the forest land of this case, the market price as of February 1, 2018 for the share 1591/94017 owned by the Plaintiff is KRW 6,045,800 as of February 1, 2018, and the market price at the time of the closing of the argument of this case
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings
2. Determination
A. According to the above facts acknowledged, the Plaintiff, a co-owner of the forest of this case, may file a claim for partition of the forest of this case with the Defendants, who are other co-owners, pursuant to Article 269(1) of the Civil Act.
B. The partition of co-owned property according to the trial method (1) shall be made by the method of in-kind division, or by the method of in-kind division, if it is impossible to divide the co-owned property in kind or even if it is possible in form, if the price might be reduced remarkably due to the auction of the co-owned property.
(1) The co-ownership of the co-owned property is deemed reasonable by comprehensively taking into account the causes of co-ownership, the proportion of co-ownership shares, and the economic value of the co-ownership if divided, and the wishes of co-owners to divide, etc.