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1. (a) The real estate listed in annex 1 is put to an auction and the remainder after deducting the auction cost from the price.
Reasons
1. Facts of recognition;
A. From July 16, 2008, the Plaintiff: (a) Q, forest land, and forest land are no longer than 16529§³; (b) Q, forest land is no more than 3329§³ due to the division of land around July 16, 2008; (c) T; (d) forest land is no more than 6523§³; and (e) forest land is no more than 664§³; and (e) forest land is no more than 529§³; and (e) forest land is no more than 8264§³; (b) forest and forest is no more than 8264§³; and (c) forest is no more than 13058§³ of P forest and forest are no more than 13058§³.
B. P forest land 1305m2 (attached Form 1) is currently owned jointly by the Plaintiffs and Defendant K, L, M, and N at the corresponding share of each of the attached Table 1.
Until now, consultation on the method of dividing common property between the plaintiffs and the defendant K, L, M, and N has not been reached.
C. Each real estate listed in the separate sheet 2 is currently jointly owned by the Plaintiffs and Defendant L, M, N, andO at the corresponding share of each of the attached sheet 2.
Until now, consultation on the method of dividing common property between the plaintiffs and the defendant L, M, N, andO has not been reached.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (in the case of evidence with a provisional number, including evidence with a separate number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination as to the cause of claim
A. According to the above acknowledged facts, the co-owners of the land listed in the annexed sheet 1 and each land listed in the annexed sheet 2 did not reach agreement on the method of partition. Thus, the plaintiffs can file a claim against the defendants for partition of co-owned property pursuant to Article 269(1) of the Civil Act.
(b) Co-owned property partition by one trial on the method of partition of co-owned property may, in principle, be divided in kind or in kind as far as it is possible to make a rational partition according to each co-owned share, or, if it is impossible to divide in kind or there is a concern over considerable decrease in its value due to such division,
The requirement that “in-kind cannot be divided” is that “in-kind.”