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1. The amount remaining after 1,853 square meters of forest E in Ulsan-gun, Ulsan-gun are put to an auction and the auction expenses are deducted from the price;
Reasons
1. Basic facts
A. The Plaintiffs and the Defendants shared the instant land at each ratio of Plaintiff A 29476/117720, Plaintiff B 14740/117720, Defendant C3151/117720, Defendant D4193/11720.
B. The Plaintiffs and the Defendants did not reach an agreement on the division of the instant land.
[Grounds for recognition] The items of evidence Nos. 1, 2, and 3, and the purport of the whole pleadings
2. Determination:
A. The Plaintiffs, the co-owner of the instant land, and the Defendants, did not reach an agreement on the method of partition. Therefore, the Plaintiffs may file a claim against the Defendants for partition of the instant land.
B. In principle, partition of co-owned property according to a judgment on the method of partition of co-owned property shall be made in kind as long as a rational partition can be made according to the shares of each co-owner, but if it is impossible to divide in kind or it is possible in form, if the price might be reduced remarkably due to such possibility, the auction of the co-owned property shall be ordered to divide the price by the method of payment division.
The requirement that a "in-kind can not be divided" in the price division is not a physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, utilization status, use value after the division, etc. of the common property.
Although it is formally possible to divide in kind.
Even if the common property cannot be divided equally according to the ratio of shares owned by each co-owner in consideration of the location, area and surrounding road conditions, use value, price, ratio of shares owned by each co-owner, and current status of use and profit-making, etc., the common property shall not be divided in kind, but the common property shall be divided in a price-sharing method.
(see, e.g., Supreme Court Decision 2002Da4580, Apr. 12, 2002). In the event that the instant land is divided in kind, the ownership of each share is given.