공유물분할등
1. Plaintiff 3. The remainder of the amount calculated by deducting the auction cost from the proceeds by selling the H forest 12,88 square meters to an auction at Gyeongsan-si.
1. Basic facts
A. The Plaintiff and the Defendants are co-owners of H forest land 12,888 square meters (hereinafter “the instant forest”); Plaintiff’s share is 3/12; Defendant C, D, and E’s share is 1/12, respectively; and Defendant F’s share is 6/12.
B. Until the closing date of the instant argument, the Plaintiff and the Defendants did not reach an agreement on the division method of the instant forest. There is no division prohibition agreement regarding the instant forest.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. According to the facts acknowledged above, the Plaintiff, a co-owner of the forest of this case, may claim the partition of the forest of this case against the Defendants, who are other co-owners, pursuant to Article 269(1) of the Civil Act.
(b) If the co-owned property is divided by a judgment on the method of partition of co-owned property, in principle, by dividing it in kind, or if it is impossible to divide it in kind or in kind, or if the value thereof is likely to be reduced remarkably, an auction of the co-owned property may be ordered to be paid in installments;
Here, the requirement includes cases where it is physically impossible to divide the property in kind, as well as cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, use status, value of use after the division, etc.
(see Supreme Court Decision 2013Da56297, Dec. 10, 2015). The evidence mentioned above and the result of the survey and appraisal conducted by the Korea Land and Information Corporation for Mountainous Districts in Mountainous Districts in the Republic of Korea in this Court, are the following circumstances, i.e., (i) the forest of this case is located at the northwest of the J village in Gyeongsan-si, and (ii) the adjacent land consisting of restaurants and gas stations adjacent to local roads, stations, factories, public notice gardens, houses, farmland, forest land, etc., and is the blind land located at the sloped area south of the south side.