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1. The plaintiff shall sell the 1,984 square meters of H forest in Chuncheon to an auction and deduct the auction cost from the price.
Reasons
1. In fact, Defendant D, E, and G share shares 31/1,984 shares, Defendant C, and F shares 330/1,984 shares, respectively, in proportion to the shares of 1,984 shares in I (the Plaintiff filed the instant lawsuit as the Plaintiff, but the Plaintiff was absent not less than twice on the date of pleading after the Plaintiff succeeded to the lawsuit).
Plaintiff
On July 9, 2019, after the filing of the instant lawsuit, the succeeding intervenor purchased I shares of the instant land from July 9, 2019, and completed the registration of transfer of shares, and filed an application for succession on July 11, 2019.
Until the closing date of the instant pleadings, no agreement was reached between the Plaintiff’s succeeding intervenor and the Defendants on the method of dividing the instant land.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, and the purport of the whole pleadings
2. Since the Plaintiff’s succeeding intervenor, the co-owner of the instant land, and the Defendants did not reach an agreement on the land division method, the Plaintiff’s succeeding intervenor may file a judicial claim against the Defendants for the partition of the instant land pursuant to Article 268(1) of the Civil Act.
We examine the method of partition of co-owned property.
In full view of the following circumstances, Gap 1, 3, and 5 evidence and the purport of the entire pleadings, namely, the plaintiff's successor demanded the division of the land of this case by means of distributing the proceeds through an auction. Defendant C, E, and F did not appear on the date for pleading without submitting a written response, Defendant D, and G did not present any opinion as to the method of dividing the land of this case without submitting any written response, and taking into account all the circumstances such as the size, location, use situation of the land of this case, use value after the division, and market value of the land of this case, it is difficult or inappropriate to divide the land of this case in kind, and dividing it by means of payment.