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1. The amount remaining after deducting the expenses for the auction from the proceeds sold by auction to Busan Jin-gu C, Busan, which is 916§³; and
Reasons
1. Basic facts
A. The Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the Defendants and the designated parties share the forest land of Busan Jin-gu, Busan (hereinafter “the forest land of this case”) according to their respective shares stated in the “recognition ratio” column in the separate shares sheet.
B. The Plaintiff, the Defendants, and the designated parties did not reach an agreement on the division method of the instant forest until the date of closing the argument in the instant case.
C. Meanwhile, the Plaintiff’s share ratio was 1601/23127, and the designated parties D’s share ratio was 1779/23127. Of the Plaintiff’s share, Busan District Court E, F (Dual), G (Dual), and H (Dual) on March 3, 2015, the designated parties purchased the Plaintiff’s share on March 3, 2015, and subsequently purchased the Plaintiff’s share to 767/23127, and D’s share was 1023/237.
On September 4, 2013, the registration of the attachment of Pyeongtaek-do Chang-gun's shares was completed on September 4, 2013, and the registration of the attachment of the plaintiff's shares was completed on April 5, 2016 in Busan-gu Busan Metropolitan City.
【Reason for Recognition】 Each entry and video, and the purport of the entire pleadings of evidence Nos. 1 through 3
2. Determination
A. According to the above facts acknowledged, the Plaintiff and the designated parties, co-owners of the instant forest, as co-owners, may claim the partition of the instant forest land against the Defendants, who are other co-owners, pursuant to Article 269(1) of the Civil Act.
B. In principle, partition of co-owned property according to the legal principles regarding the method of partition 1 shall be made according to the method of in-kind division as long as a rational partition can be made according to the share of each co-owner. However, even if it is impossible to divide in-kind or it is possible in form, if the price might be significantly reduced due to the auction of the co-owned property, it shall be made according to the so-called payment division by ordering the auction of the co-owned property, but it shall not be divided in-kind.