공유물분할
1. The amount remaining after 3,300 square meters of G forest is put to an auction at Jeju-si and the auction expenses are deducted from the proceeds thereof;
According to the purport of Gap evidence Nos. 1 and 2 and the whole pleadings, the land indicated in the order is owned by the plaintiff at 2,145/3,300 shares (65%), each of the defendant C, D, and F at 330/300 shares (10%) and the defendant E at 165/3,300 shares (5%) and it is recognized that currently the plaintiff and the defendants did not reach an agreement on the method of dividing each of the above land.
Thus, the plaintiff, as co-owner, may request the court to divide the above land against the defendants who are other co-owners.
(Civil Act Article 269(1) of the Civil Act). Furthermore, the method of partition includes cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location or area of the co-owned property, the use value of the co-owned property in kind, and the co-owned property in kind, if it is difficult or inappropriate to divide the property in kind in kind, in light of the nature of the co-owned property, its location or area, its use value after the division, etc.
In light of all the circumstances revealed in the pleadings, such as the location and area of the above land, the share ratio of each co-owner, the above land is forest within the Jeju H H protection zone, and the blind land, and the defendant C, D, and E expressed their opposition to the division of the common property by auction through the written petition, the application for the annexed coal submitted by each party, and it is not present at the date for pleading without presenting any other reasonable method for the division in kind. The defendant F does not have any way to hear his opinion because he did not submit a written reply without being present on the date for pleading. In full view of all the circumstances revealed in the pleadings, it is appropriate to place the above land at auction and distribute the remaining amount after deducting the auction expense from the price to the plaintiff and the defendants according to their respective shares.
Therefore, the plaintiff's claim for partition of co-owned property is accepted on the ground.