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1. Of the real estate listed in the separate sheet, each point of the separate sheet No. 1,96, 75, 76, 77, 91, 92, 93, 94, 1 of the attached sheet No. 1,96, 75, 76, 97, 9
Reasons
1. Facts of recognition;
A. The real estate listed in the separate sheet (hereinafter “instant land”) is jointly owned by the designated parties and the defendant. Among them, the designated parties A shares are 1,557/18,57; 4,310.76/18,57; 4,743/18,57; 5,557 shares in the designated parties E; 5,236.39/18,557; 350.02/18,857; 350.02/18,857 shares in G; 350.02/18,857; 18,857.01/17; 18,857/187; 18,857/185; 18,57/185; 258,75,785,75,785,7,785, etc. shares of the Selection.
B. The Plaintiff (Appointed Party, hereinafter “Plaintiff”) filed a claim against the Defendant for the partition of the instant land, but no agreement was reached between the Plaintiffs and the Defendant regarding the method of partition of the instant land.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. According to the above facts of recognition, the Plaintiffs, co-owners, may file a claim for judicial partition against the Defendant, who is another co-owner.
Furthermore, as to the method of partition, division of co-owned property by trial is in principle made in kind as long as it is possible to make a reasonable partition according to each co-owner's share. It is impossible to divide in kind or it is possible in form.
Even if there is a possibility that the price will be reduced remarkably due to it, the method of payment should be applied.
However, in full view of the records No. 1, the results of the appraisal commission for the Jeju branch office of the Korea Land Information Corporation, and the purport of the entire pleadings, the following facts can be acknowledged.
① Land of this case is classified as forest land, and falls under the production management area under the National Land Planning and Utilization Act.
② There is no particular difference in the utility value of the instant land depending on its location.
③ The instant case.