공유물분할
1. The amount of money remaining after 26,130 square meters from the proceeds of sale sold to the public auction in Ulsan-gun, Ulsan-gun, Ulsan-gun, for which the expenses of auction are deducted;
1. Facts of recognition;
A. The forest land listed in paragraph (1) of this case (hereinafter “the forest land of this case”) is jointly owned by the Plaintiff, Defendant B, E, F, and C at each corresponding share in the annexed sheet.
B. C was declared bankrupt by the Daegu District Court on September 10, 2018, and the attorney D was appointed as bankruptcy trustee on the same day.
C. There was no division agreement between the Plaintiff and the Defendants on the instant forest land, and there was no division prohibition agreement.
[Ground of recognition] Facts without dispute, entry of Gap1 to 5 evidence, purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts, the Plaintiff, a co-owner of the forest of this case, may request the Defendants, other co-owners, to divide the forest of this case pursuant to Article 269(1) of the Civil Act.
B. The method of partition of co-owned property by judgment is, in principle, divided in kind as long as a reasonable partition can be made according to the share of each co-owner. However, if it is impossible to divide in kind or in kind, and if the value thereof might be considerably reduced if it is apprehended to decrease substantially, an auction may be ordered to divide in kind. In the payment, the requirement that "it is impossible to divide in kind" is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide in kind in light of the nature, location, area, use situation, use value after the division, etc. of the co-owner's co-owned property.
(See Supreme Court Decision 2009Da40219, 40226, Sept. 10, 2009, etc.). With respect to the instant case, the health belt, the forest of this case passes through a private bridge-type land, a fluoral land in the cadastral map, or a forest road inside and outside the width of 3 meters in the real side of South and North Korea. The portion not including the said forest road can be a fluoral land if divided in kind. Defendant E wishes to divide the forest of this case in kind, or the above forest is desired to divide the forest of this case in kind in a manner that includes a fluoral grave