공유물분할
1. G forest land 13,844 square meters, H forest land 1,723 square meters, and I forest land 6,390 square meters shall be sold to auction and the auction costs shall be incurred from the proceeds thereof.
1. The facts of recognition are as follows: (a) around December 2003, the Plaintiffs, Defendant D, and the Network J purchase the real estate stated in the Disposition No. 1 (hereinafter “instant real estate”) from K, etc.; and (b) the same year as to each of the instant real estate 1/5 shares among the instant real estate.
2.14. He has completed the registration of ownership transfer in his name.
B. The deceased J around November 201, and Defendant E and F completed the transfer registration of equity ownership on March 7, 2012 with respect to 1/10 of each of the instant real estate on the grounds of inheritance due to consultation and division.
C. There was no agreement that the instant real estate shall not be divided within a certain period. The Plaintiffs and the Defendants did not reach an agreement on the method of division of the instant real estate.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4 (if there are additional numbers, including each number; hereinafter the same shall apply) and the purport of whole pleadings
2. Determination
A. According to the above facts acknowledged as above, there was no partition prohibition agreement regarding the instant real estate, and there was no agreement between the Plaintiffs, co-owners, and the Defendants as to the method of partition. Thus, the Plaintiffs can file a claim against the Defendants for partition of the instant real estate.
B. Co-owned property partition by judgment on the method of partition shall, in principle, be made by the method of spot partition in so far as it is possible to make a rational partition according to each co-owner's share. However, if it is impossible to divide in kind or it is possible in form, if the price might be reduced remarkably due to such possibility, the auction of the co-owned property shall be ordered to divide the price by the so-called price partition.
The requirement that it is impossible to divide it into money in kind is not a physically strict interpretation, but a nature, location, area, the situation of use, and the value of use after the division.