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1. Onboard (A) connected in sequence 1, 3, 5, 7, 2, 6, and 1 of the annexed drawings among the 64,760 square meters of Gangwon-gun G forest Ginwon-gun.
Reasons
The Plaintiff and the Defendants, as to the right to claim partition of co-owned property, own 1/2 shares, Defendant B, and C, Defendant D, E, and F respectively, 1/18 shares, and as of the closing date of the pleadings in the instant case, an agreement on the method of partition of the instant real estate between the Plaintiff and the Defendants on the method of partition of the instant real estate was not reached between the parties, or by taking into account the overall purport of the pleadings in the statement in Gap evidence 1.
Therefore, the Plaintiff may claim the division against the Defendants, who are other co-owners, by means of a lawsuit pursuant to Article 269(1) of the Civil Act.
In the method of partition of co-owned property, if an agreement is reached between the parties, the method may be selected at will, but if the co-owned property is divided by a trial due to the failure to reach agreement, the court shall divide it in kind in principle. The court may make a decision by comprehensively taking into account all the circumstances revealed in the pleadings of the instant case, such as the contents of consultation with the parties, structure, size, location, utilization status of the land
The following facts and circumstances are acknowledged in full view of the statement No. 1 and the result of the on-site verification by this court, as a result of appraiser H’s survey and appraisal.
① Out of the instant land, the area of the ship connected in sequence 1, 3, 5, 7, 2, 6, and 1, among the instant land is 32,380 square meters, and the area of the part (B) is 32,380 square meters, and the area of the part (c) and (d) that are connected in sequence 1, 3, 5, 9, 4, 8, and 1, is 32,380 square meters.
(2) The areas connected in sequence 7, 5, and 9, which are the boundary line of the part as indicated in the annexed drawing (b) and (d) are abutting on the road.
③ Most of the instant land consists of mountain parts, and the current status of use of the instant land does not change substantially according to the part of the land.
④ The Plaintiff is in accordance with the text of paragraph (1).