공유물분할
1. The plaintiff shall sell the F forest 6,960 square meters of the F forest in Seosan-si to an auction and deduct the auction expenses from the price.
According to the statement in Gap evidence No. 1, the plaintiff and the defendants shared 1/5 shares of forest 6,960 square meters (hereinafter "the real estate of this case") in Seosan-si.
In principle, partition of co-owned property by judgment shall be divided in kind as long as it is possible to make a reasonable partition according to the share of each co-owner, or the requirement that it cannot be divided in kind in kind is not physically strict interpretation, but physically strict. It includes cases where it is difficult or inappropriate to divide in kind in light of the nature, location or size of the co-owned property, use situation, use value after the division
It includes the case where the value of the portion to be owned by a person in kind is likely to be significantly reduced if it is divided in kind, and it also includes the case where the value of the portion to be owned by a person in kind may be significantly reduced than the value of the share before the division, even if he/she is a person of a co-owner.
In light of the following factors: (a) the instant real estate is difficult or inappropriate to divide it in kind in consideration of the following factors: (b) the Plaintiff and the Defendants sold the instant real estate at auction; and (c) the price is the most equitable and reasonable method of division in proportion to their respective shares, given that the Plaintiff and the Defendants sold the instant real estate at auction, and then distributed the price according to their respective shares, by taking account of the intention of the parties, and the nature, use status, and value after division of the instant real estate.
However, it is reasonable to bear 1/5 each of the costs of surveying and appraisal in consideration of the circumstances of the lawsuit. It is so decided as per Disposition.