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1. 36,394 square meters of forest land in the Gangwon-do, Gangwon-do, shall be put to an auction and the remainder of the auction cost shall be deducted from the proceeds thereof.
Reasons
The Plaintiff shares shares 26,578/37,488 shares, Defendant B’s 4,298/37,488 shares, shares in Defendant C and D, each of 1,653/37,488 shares, and Defendant E shares in 3,306/37,488 shares, respectively.
(A) The Plaintiff, a co-owner of the instant land, may file a claim for the partition of the instant land with the Defendants, who are other co-owners pursuant to Article 269(1) of the Civil Act.
We examine the method of partition of co-owned property.
In light of the following circumstances that can be recognized by comprehensively taking account of the evidence No. 2 and the purport of the entire pleadings, namely, the Plaintiff’s request for the division of the instant land by means of the method of spot distribution or the method of distributing the proceeds from sale through auction as stated in the purport of the claim, Defendant B and D, Defendant E did not consent to the method of spot distribution as presented by the Plaintiff, and Defendant E consented to the method of auction division, it is difficult or inappropriate to divide the instant land in kind, and it is reasonable to divide it by means of price division.
Therefore, it is so decided as per Disposition by the assent of all participating Justices on the bench that the remaining amount of the land of this case, which was put up for auction and deducted from the auction cost, shall be distributed to the plaintiff and the defendants