공유물분할
1. The remainder of the amount obtained by deducting the auction expenses from the proceeds of auction from the ministry at auction with the forest land of 19,438 square meters in Gyeongnam-gun, Gyeongnam-gun;
1. The fact of recognition that the Plaintiff completed the registration of ownership transfer on January 14, 1993 with respect to the share of 4,232/19,438 square meters among the forest land of 19,438 square meters in Yong-gun, Chungcheongnam-gun (hereinafter “instant forest”) and with respect to the share of 6,611/19,438 square meters in Defendant D, Defendant E completed the registration of ownership transfer on April 18, 200 with respect to the share of 1,653/19,438 square meters in the instant forest. Defendant C completed the registration of ownership transfer on April 22, 200 with respect to the share of 6,942/19,438 square meters in the instant forest as a result of sale on April 18, 200.
[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A No. 1 and the purport of whole pleadings
2. Judgment on the plaintiff's claim
(a) In the case of dividing the jointly-owned property by a trial, if it is impossible to divide it in kind or if the value of the property is apprehended to be significantly reduced, the auction of the property may be ordered, and this is not physically strict interpretation, and the requirement of "undivided in kind" should include cases where it is difficult or inappropriate to divide it in kind in light of the nature, location, area, situation of use, and use value after the division, etc. of the jointly-owned property in light of the nature, location, and use value after the division.
The phrase "if the value of the portion is likely to be reduced significantly if it is divided in kind" includes the case where, even if a co-owner is a person, the value of the portion to be owned by him/her is likely to be reduced significantly than the value of the share before the division.
(See Supreme Court Decision 2009Da40219 Decided September 10, 2009, etc.). B.
In the above facts of recognition, ① Defendant D and E alleged that both the Plaintiff and the Defendants acquired the instant forest land in question and expressed their wish to sell the entire share under the agreement of all the parties. ② The Plaintiff, Defendant D and E acquired each share of the instant forest in question on January 20, 1993, but did not dispose of the shares until the lapse of 24 years thereafter.