1. 강원 영월군 E 임야 28,264㎡ 중 별지 도면 표시 ㄴ, ㄷ, ㄹ, ㅁ, ㅂ, ㅅ, ㅇ, ㅈ, ㅊ, ㅋ, ㅌ, ㅍ,...

1. Facts of recognition;

A. The Plaintiff and the Defendant are co-owners of the forest E in Gangseo-gun, Seowon-gun E, 28,264 square meters (hereinafter “instant forest”), the Plaintiff’s share is 275/285, and the Defendant’s share is 10/285.

B. The Plaintiff is promoting the Korean-style village development project in the Japanese forest of this case, and the Defendant is installing a tomb and a punishment grave in the part of the instant forest, which indicated the attached drawing.

C. Until the date of closing argument in the instant case, the Plaintiff and the Defendant did not reach an agreement on the method of dividing the forest of this case, and there is no division prohibition agreement on the forest of this case.

[Ground of recognition] Facts without dispute, Gap evidence 2, 5, 6, Eul evidence 1 and the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged as above, the Plaintiff, the co-owner of the forest of this case, may file a claim for partition against the Defendant, the other co-owner, pursuant to Article 269(1) of the Civil Act.

B. The method of partition of co-owned property is one form of co-ownership of the article, and one ownership of the article belongs to several persons. Thus, each co-owner has the right to abolish the existing co-ownership relationship by unilaterally claiming the partition of co-owned property and to realize a legal relationship for distributing co-owned property among the co-owners, unless there are special circumstances.

Furthermore, in the method of division, if there is an agreement between the parties, the method may be selected at will, but in the case of dividing the jointly-owned property by a trial due to the failure to reach an agreement, the court may, in principle, order the auction of the goods only when it is possible to divide it in kind in kind or when the value of the property is considerably reduced if it is impossible to divide it in kind or it is possible to divide it in kind in kind. Thus, barring such circumstances, the court may order the joint-owned