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1. The plaintiffs shall sell the K Forest 29,356 square meters to an auction in Yongcheon-si and deduct the auction cost from the price.
Reasons
1. Basic facts
A. The Plaintiffs, the Defendants, and the designated parties share 29,356 square meters of K Forest in Yongcheon-si (hereinafter “instant forest”) according to their respective equity ratios in the separate sheet of equity.
B. Until the closing date of the instant argument, there was no agreement on the division method of the instant forest between the Plaintiffs, the Defendants, and the designated parties.
【Reasons for Recognition】
(a) Defendant G: Article 208(3)3 of the Civil Procedure Act (a)
(b) Defendant C, D, E, F, H, I, Defendant (Appointed Party) J: The absence of any dispute, each entry in the evidence Nos. 1 through 3, and 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, even if a co-owner's act of dividing it in kind is likely to cause a decrease in the value thereof, the value of the portion to be owned independently by the in-kind division may be significantly reduced compared to the value of the shares before the division.