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1. Of the 42,326 square meters of E forest and field, indication of the annexed drawing 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19;
Reasons
1. In full view of the fact that there is no dispute over the claim for partition of co-owned property, and the purport of the written evidence Nos. 1 and 2 as well as the entire pleadings, “the instant 1, 2” forest land in order of 42,326 square meters of E forest land and 484 square meters of F forest land in Sungsung City.
On June 9, 2010, the transfer registration of ownership in the name of 1/3 shares in G, H, and I with respect to B was completed. On June 9, 2010, shares in the above G 1/3 are transferred to the Defendant, who is a child, for each gift of Plaintiff A, and H 1/3 shares in the Plaintiff B, and C, who is a child, for each gift of each of 1/6 shares, and the Defendant shares the forest of this case. The fact that the Plaintiffs and the Defendant shared the forest of this case as of the closing date of the pleadings of this case. As of the date of the conclusion of the pleadings of this case, the Plaintiffs may file a lawsuit against the Defendant, who is another co-owner, in accordance with Article 269(1) of the Civil Act.
2. Method of partition of co-owned property;
A. Division of an article jointly owned is a principle of dividing the article jointly owned in kind by the court in a case where the article jointly owned is divided by a trial due to the failure to reach an agreement, even if the method is voluntarily selected by the co-owners.
However, if it is impossible to divide the article in kind or it is possible to divide the article in kind into money, the auction can be ordered only when the value of the article is likely to be significantly reduced. Thus, barring the above circumstances, the court shall divide the article jointly owned into several articles in kind according to the share ratio of each co-owner and decide to recognize the sole ownership of each co-owner for the divided article in kind.
The method of division shall not be the method requested by the parties, but shall be reasonable division according to the share ratio of co-owners according to the overall circumstances of co-ownership relations or the objects thereof at the discretion of the court, and the land shall be divided.