공유물분할
1. F forest land: F forest land 26,743 square meters; G forest land 160,353 square meters; H forest land 148,679 square meters shall be divided as follows:
Plaintiffs.
1. Basic facts
A. Each forest of this case is owned by Plaintiff A, Plaintiff B, 9/40 shares, Plaintiff C, 9/40 shares, Plaintiff D/40 shares, and Defendant’s share ratio of 4/40.
B. No agreement was reached between the Plaintiffs and the Defendant on the method of dividing each forest of this case until the date of closing the argument in this case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2-4, each of 1, 2, the purport of the whole pleadings
2. Determination
A. According to the fact of recognition under Paragraph (1) of this case, each forest of this case is jointly owned by the plaintiffs and the defendant. As long as the co-owners did not reach agreement on the method of partition, the plaintiffs, co-owners, may file a claim against the defendant, other co-owners, for partition of the real estate of this case pursuant to Articles 268 and 269 of the Civil Act
B. Co-owned property partition method 1) The method of partition may be chosen at will where there is an agreement between the parties. However, in a case where co-owned property is divided according to a trial due to a failure to reach agreement, the court shall, in principle, divide the co-owned property in kind. The court may make a decision by comprehensively taking into account all the circumstances revealed in the pleadings of the instant case, such as the contents of consultation between the parties, structure, size, location, utilization status, and attitude of the parties. (2) In full view of the health stand, the results of surveying appraisal entrustment, the result of market price appraisal entrustment, and the purport of the entire pleadings
① In addition to F forest in the instant case, the area entered in the public register of G forest is 160,353 square meters or the actual area is 159,510 square meters, and the area entered in the public register of H forest is 148,679 square meters or the actual area is 148,679 square meters or 148,953 square meters.
Therefore, the actual total area of each forest of this case is 335,206 square meters (159,510 square meters) and 148,953 square meters. Since the Defendant’s share in each forest of this case is 1/10 (4/40), each forest of this case shall be the forest of this case.