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1. The remaining amount after deducting the auction cost from the price shall be attached to the auction for the F forest land in Gyeyang-si.
Reasons
1. Basic facts
A. On December 29, 1993, G, H, Defendant E, and Defendant D completed registration of preservation of ownership as to each of 1/4 shares of F forest 3600 square meters (hereinafter “instant forest”).
B. After that, on February 21, 2019, Defendant C completed the registration of transfer of ownership based on inheritance based on the agreement division dated August 17, 2018 with respect to 1/4 shares in H out of the instant forest land. Of the instant forest land, shares in G title 1/4 was transferred to the Plaintiff on September 2, 2019, 98/40 shares out of the forest land, and the remainder of 2/40 shares were transferred to Defendant B for public sale on August 20, 2019.
C. There is no special agreement between the Plaintiff and the Defendants on the method of dividing the forest of this case, and there is no special agreement between the Plaintiff and the Defendants on the use of the forest of this case and the division of the forest of this case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. According to the above facts, the Plaintiff, a co-owner of the forest of this case, may request the Defendants, other co-owners, to divide the forest of this case.
B. Furthermore, as to the method of partition of co-owned property, the following circumstances, i.e., the Plaintiff sought an auction division of the forest of this case, and Defendant B did not raise any objection. ② Defendant D and E are present on the date of pleading of this case, and the Plaintiff was willing to pay an adequate amount within the purchase price at the time of acquiring the Plaintiff’s share in the forest of this case and purchase the said share from the Plaintiff. However, Defendant C also stated to the effect that it did not have an intent or ability to purchase the Plaintiff’s share within the scope of the purchase price.