공유물분할
1. The remainder of money obtained by selling at auction the forest land H 11,488 square meters in Chungcheongnam-dong, Chungcheongnam-gun, Gyeong-gun, and deducting the auction expenses from the proceeds of sale;
1. Facts of recognition;
A. Defendant B, G, and network I (Death on December 26, 2012, hereinafter “the deceased”) and J completed the registration of ownership transfer as to each of 1/4 shares of H 11,488 square meters of forests and fields H 11, 488 square meters (hereinafter “the instant forest”) in Gyeong-dong, Chungcheongnam-dong, Chungcheongnam-do (hereinafter “instant forest”). < Amended by Act No. 3931, Mar. 24, 1984>
B. On July 21, 2005, the Plaintiff was awarded 1/4 shares owned by J (K) and completed the registration of ownership transfer as the receipt of 11591 on July 28, 2005 by Changwon District Court (Seoul District Court Jinwon Branch K) and by Changwon District Court (Seoul District Court Jinwon Branch Branch).
C. The deceased’s heir is Defendant D, E, and F, the wife of Defendant C, and children, and the inheritance shares are 3/9, Defendant D, E, and F, respectively.
Although the Plaintiff and the Defendants did not agree not to divide the instant private forests, they did not reach an agreement regarding the method of division.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 10-1, 2, 11-1 to 3, 12-1 to 3, 13-1 to 3, 14-1 to 16, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the facts acknowledged above, since the Plaintiff, the co-owner of the instant forest, and the Defendants did not reach agreement on the method of partition, Defendant G presented the method of purchasing the Plaintiff’s shares, but did not reach agreement on the value of shares, etc.
The plaintiff may file a judicial claim against the defendants in accordance with Article 269(1) of the Civil Act.
B. Division of one method of partition of co-owned property can be selected at will if the co-owners reach an agreement, but if the co-owned property is divided by a trial due to the lack of agreement, the court shall divide it in kind in principle. If it is impossible to divide it in kind or it is possible to divide it in kind in kind, or if it is made in kind, the value might be reduced remarkably.