공유물분할
1. From among K forest land of 3766m2;
(a)inboard which connects each point in the annexed sheet No. 11, 12, 13, 14, and 11 in sequence;
Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 5 through 7, the plaintiff and the defendants shared K Forest land 37699mm2 (hereinafter "the real estate in this case") in Jinjin-si. The plaintiff's share was 1/11, and the plaintiff and the defendants did not reach an agreement on the method of dividing the real estate in this case by the date of closing argument in this case. Thus, the plaintiff can file a lawsuit for partition of co-owned property against the defendants, co-owner of the
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
The Plaintiff presented a draft subdivision that was prepared by avoiding the Defendants’ sculptures located on the ground of the instant real estate. In the event that the Defendants did not consent to the Plaintiff’s draft subdivision, the Defendants did not appear on the date of pleading without presenting a detailed draft subdivision regarding the repeated order of the instant court to submit the draft subdivision that the Defendants wanted. In full view of the shape and size of the instant real estate, and the shape and value of the land owned by the Plaintiff and the Defendants through the division, it is reasonable to divide the instant real estate in kind as stipulated in paragraph (1) of the Disposition, and thus, it is so decided as per Disposition.