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1. 전남 영광군 K 임야 39,769㎡ 중 별지 감정도 표시 ㄱ, ㄴ, ㄷ, ㅂ¹, ㅁ¹, ㄹ¹, ㄷ¹, ㄴ¹, ㄱ의...
Reasons
1. Basic facts
A. As to the 39,769 square meters of K Forest in Yong-gun, Jeonnam-gun (hereinafter “instant forest”), the Plaintiff shares 50/120 shares, shares in Defendant B, D, E, and H, shares in 10/120 shares, shares in Defendant C in 15/120 shares, shares in 3/120 for Defendant F, shares in 2/120 for Defendant G (name L before the opening of a name), shares in 2/120 shares, and shares in 5/120 shares, respectively.
B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant forest land.
[Ground of recognition] The entry of Gap evidence No. 1, Gap evidence No. 2, and the purport of the whole pleading
2. Determination:
A. Co-owners of the real estate that created co-owned property partition may claim a partition of co-owned property against other co-owners at any time (Article 268(1) of the Civil Act). As seen above, the Plaintiff and the Defendants did not reach an agreement on the method of partition of the forest of this case, which is the co-owner of the forest of this case. Thus, the Plaintiff, who is the co-owner of the forest of this case
B. Division of the method of partition of co-owned property may be selected at will if the co-owners reach an agreement, but if the co-owners divide the co-owned property through a trial due to the failure to reach an agreement, the court shall, in principle, divide it in kind. If it is impossible to divide it in kind or if it is possible to divide it in kind, the auction of the goods can be ordered only when the value might be reduced remarkably. Thus, barring the above circumstances, the court shall decide to divide the co-owned property into several goods in kind, and to recognize the sole ownership of each co-owner for the divided goods, according to the share ratio of co-owner.
In addition, the method of division is not the way requested by the parties, but according to the court's discretion, according to the situation of the co-owner's co-ownership relation or the object.