공유물분할
1. The remainder of the sale price calculated by selling 4731m2 in F forest land in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do after deducting the auction cost from the sale price.
Comprehensively taking account of the purport of the entire argument in Gap evidence No. 1, the plaintiff and the defendants shared 4731 square meters of forest Fam2 (hereinafter "the real estate in this case") in the same proportion of shares as the order. Since the above co-owners did not reach an agreement on the method of partition among the above co-owners, the plaintiff has a co-ownership right to claim a partition of co-owned property as to the real estate in this case against the defendants.
The partition of co-owned property by judgment is in principle, in kind, as long as a rational partition can be made according to the co-owner's share. However, if it is impossible or difficult to divide it in kind in light of various circumstances, such as co-ownership relation or the shape, location, use of land, economic value, etc., or if it is difficult or difficult to do so, or if the value might be reduced remarkably
(2) In light of the following circumstances, the Plaintiff filed the instant lawsuit by demanding the division of the land in kind as stated in the purport of the claim, i.e., the Plaintiff’s demand that the land be divided in the manner of spot distribution, such as the statement in the claim, but the Defendants and E do not agree on the method of spot distribution as presented by the Plaintiff, Defendant D and E do not consent to the method of spot distribution, the area, location, use of the instant land, and the value of the use after the division, taking into account all the following circumstances: (a) it is difficult or inappropriate to divide the instant land in kind; and (b) it is reasonable to divide the instant land by the method of spot distribution, taking into account the following circumstances:
Therefore, it is so decided as per Disposition by deciding to distribute to the plaintiff and the defendants the remaining amount after deducting the auction cost from the sale price by selling the land at auction.