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1. The judgment of the court of first instance is modified as follows.
An appraisal of the attached Form 34, 35, 36, 37, 38.
Reasons
1. Facts of recognition;
A. The forest land of this case was owned by the deceasedJ. The deceased succeeded to the inheritor on September 5, 201. Accordingly, on September 5, 201, the registration of ownership transfer was completed on the ground of inheritance as of October 8, 1990 with the content that Defendant B owned 1/27 shares, Defendant C’s 1/27 shares, Defendant D’s 4/27 shares, Defendant E’s 1/27 shares, Defendant F’s 4/27 shares, Defendant G’s 6/27 shares, Defendant H’s 6/27 shares, Defendant H’s 6/27 shares, and K’s 4/27 shares.
B. Around January 2012, the said K’s share was seized and the public auction was conducted. In the said public auction procedure, the Plaintiff’s share of 4/27 out of the instant forest was awarded a successful bid on July 16, 2014 and the ownership transfer registration was completed in the Plaintiff’s future on the grounds of the public auction on July 1, 2014.
[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 Plaintiff, a co-owner of the forest of this case, may request the Defendants, other co-owners, to divide the forest of this case jointly owned pursuant to Articles 268 and 269 of the Civil Act.
B. Division of one method of partition of co-owned property can be selected at will if the co-owners reach an agreement, but if the co-owned property is divided by a trial due to the failure to reach an agreement, the court shall divide it in kind in principle. The auction of the property can be ordered only when the value of the property is likely to be reduced remarkably if it is impossible to divide it in kind or it is possible to divide it in kind. Thus, barring the above circumstances, the court shall make a judgment to divide the co-owned property into several items in kind and to recognize the sole ownership of each co-owner for the divided property according to the share ratio of each co-owner, and the method of division shall be sought by the parties.