공유물분할
1. The Plaintiffs and the remainder of the money, which is 3,005 square meters or more of N Forest in Innju-si, by selling it to an auction and deducting the auction cost from the price.
1. Facts of recognition;
A. The Plaintiffs and the Defendants share the 3,005 square meters of forest Nanju-si (hereinafter “instant land”) in their respective shares in the attached Table 1 list.
B. The plaintiffs and the defendants filed the instant lawsuit seeking the division of the instant land as they did not reach an agreement on the division of the instant land.
C. Defendant E, G, I, and K did not present any opinion by the date of the closing of argument while receiving the instant complaint, and Defendant H, J, and M did not present any opinion despite the Plaintiff’s receipt of the legal brief dated September 26, 2016, claiming an auction division.
The land in this case is not a flat, but a three-dimensional land, the shape of which is increased, and the price difference is significant depending on the location of the land partitioned.
In addition, the instant land is subject to permission for development activities under Article 51 of the Enforcement Decree of the National Land Planning and Utilization Act, which is a planned control area under the National Land Planning and Utilization Act, and it is impossible to divide without permission, and the land division below the partition-restricted area is as shown in attached Form 2 of Chapter 3, Section 6-6-3 of the Guidelines
shall meet the requirements of this section.
The division-restricted area stipulated in the operation guidelines of the above permission for development refers to the division-restricted area under Article 57 (1) of the Building Act. According to Article 57 (1) of the Building Act and Article 80 of the Enforcement Decree of the same Act, the division-restricted area is not less than 60§³
[Ground of recognition] Facts without dispute, Gap's statements or images as to Gap's evidence 1 to 6, fact-finding results for female viewing by this court, the purport of the whole pleadings
2. Determination
A. Comprehensively taking account of the above facts acknowledged as above, the Plaintiffs are co-owners of the instant land, and there was no agreement as to the division of co-owned property with the Defendants, who are other co-owners, and thus, they may file a claim for partition
B. Division of the co-owned property by the judgment on the partition method shall be made.