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1. The money remaining after 47,449 square meters of G forest G in Daejeon are put to an auction and the auction cost is deducted from the proceeds.
Reasons
1. Basic facts
A. The Plaintiffs, the Defendants, the Defendant (Appointed Party), and the designated parties (hereinafter collectively referred to as the “Defendants”), together with Defendant C, D, E, Defendant (Appointed Party) and the designated parties, are co-owners holding each share in the “shares” column in the separate sheet as to the area of 47,449 square meters of G forest land in Daejeon-gu Daejeon District (hereinafter “instant forest land”).
B. The Plaintiffs and the Defendants did not agree on the method of dividing the forest of this case until the date of closing the argument in 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 acknowledged, the Plaintiffs, co-owners of the forest of this case, can file a claim for partition of the forest of this case against the Defendants, other co-owners, pursuant to Article 269(1) of the Civil Act.
B. The partition of co-owned property in accordance with the legal principles regarding the method of partition 1 is, in principle, a method of spot partition as long as it is possible to make a rational partition according to the share of each co-owner. However, even if it is impossible or possible in kind, if the price is likely to decrease substantially due to the auction of the co-owned property, the so-called price partition shall be made by ordering the auction of the co-owned property to divide the price. However, in the price partition, "it cannot be divided in kind" should not be interpreted physically strictly. It includes cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location, area, use situation, and use value after the partition.
In addition, the phrase "if the value of the portion is to be reduced remarkably if it is divided in kind" also includes a co-owner's cases where the value of the portion to be owned by the sole owner might be reduced significantly than the value of the share before the division.