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1. The remaining amount after deducting the auction expenses from the proceeds of the sale, which is put up for an auction of 9620 square meters of I forest in Ansan-si; and
Reasons
1. Basic facts
A. The Plaintiff and the Defendants shared the forest land in this case at the same rate as indicated in the annexed sheet “public land portion.”
B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant forest land.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings
2. Determination
A. According to the facts acknowledged above, the plaintiff and the defendants, co-owner of the forest of this case, did not reach agreement on the method of partition. Thus, the plaintiff can file a claim against the defendants for the partition of the forest of this case, which is co-owned property.
B. In principle, partition of co-owned property is divided in kind as far as a reasonable partition can be made according to each co-owner's share. However, if it is impossible to divide in kind or in kind as a result of the division in kind, if the value might be significantly reduced, an auction may be ordered. In the payment division, the requirement that "it is not possible to divide in kind" is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide in kind in light of the nature, location, size, use situation of the co-owned property and the use value after the division, etc. (see Supreme Court Decision 2002Da4580, Apr. 12, 2002). According to the evidence evidence No. 1, the establishment registration of the mortgage-mortgage within the forest of this case was modified from the Suwon District Court No. 1615, Apr. 21, 2010 to the obligor J. 15, and the obligor J. 15, 2005.
If so, in the case of dividing the forest of this case in kind, the above-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-liability liability or compensation relationship, etc.