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1. An amount of money which has deducted the auction cost from the proceeds of auction by adding the area of 227,570 square meters to the auction for SinY City Forest Land;
Reasons
1. Basic facts
A. The Plaintiffs and the Defendants share 315/1800, the Plaintiff’s 315/1800, the Plaintiff’s 2700/180, the Plaintiff’s 120/1800, the Plaintiff’s 36/1800, the Plaintiff’s 45/1800, the Plaintiff’s 24/1800, the Plaintiff’s 24/1800, the Plaintiff’s 24/1800, the Plaintiff’s H 54/1800, the Plaintiff’s 120/180, the Plaintiff’s 36/180, the Defendant’s KS, the Defendant’s 396/180, and the Defendant L 180/180.
B. The Plaintiffs and the Defendants did not reach an agreement on the division of the instant land.
[Reasons for Recognition] The facts that there is no dispute or dispute, Gap evidence No. 17, the purport of the whole pleadings
2. The parties' assertion
A. The land of this case asserted by the Plaintiffs is either impossible or inappropriate to divide the land in kind in light of the location, area, shape, etc. of the land, and thus, it is necessary to divide the price by auction.
B. The partition of co-owned property by the judgment of Defendant K is in principle divided in kind, and since the land of this case is not able to divide in kind, it is necessary to divide in kind, and it is not possible to use the method of dividing in value by auction.
3. Co-owners of the real estate which created the right to partition of co-owned property may at any time file a claim for partition against other co-owners (Article 268(1) of the Civil Act). As seen earlier, the Plaintiffs and the Defendants did not reach an agreement on the method of partition of the land of this case, which is jointly owned by the Plaintiffs and the Defendants. Thus, the Plaintiffs, as co-owners of the real estate of this case, may file a claim for partition of co-ownership
Division of the common property by the method of sharing may be selected at will if the co-owners reach an agreement, but if the common property is divided by the trial due to the failure to reach an agreement, the court shall divide it in kind.