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Aboard (A) which connects each point of attached Form 1 through 12, and 1 among the 1,668 square meters of the 1,668 square meters of the D forest in Chungcheongnam-gun (A).
Reasons
1. Basic facts
A. The Plaintiff and the Defendants shared a 1,668 square meters of land D (hereinafter “instant land”) in Chungcheongnam-gun Hong-gun. The Plaintiff’s ownership share is 5/9 of the Plaintiff’s ownership share and 2/9 of the Defendants’ ownership share.
B. There is no agreement prohibiting division as to the above forest land, and there is no agreement as to the land division.
[Grounds for recognition] The items in Gap evidence Nos. 1 to 5, and the purport of the whole pleadings
2. Determination
A. According to the above facts, the plaintiff and the defendants shared the above woodland, and there was no agreement on the method of partition of the above article jointly owned. Thus, the plaintiff can file a claim against the defendants for the partition of the article jointly owned to the court pursuant to Article 269(1) of the Civil Act.
B. Division of a method of partition of an article jointly owned may be selected at will if there is an agreement among the co-owners, but if the article jointly owned is divided by a trial due to the failure to reach an agreement, the court shall in principle divide it in kind, and if it is impossible to divide it in kind or if it is possible to divide it in kind, the auction of the article can be ordered only when the value of the article is likely to decrease substantially. Thus, barring the above circumstances, the court shall render a judgment to divide the article jointly owned into several articles in kind according to the ratio of shares of co-owners and to recognize the sole ownership of each co-owner for the article divided.
In addition, the method of division is not a way requested by the parties, but a reasonable division is made according to the share ratio of co-owners according to the court's discretion, depending on the circumstances of the co-ownership relation or the objects of the division. If the objects jointly owned by many people are divided in kind, the remaining co-owners who do not want the division shall be divided in kind within the share limit of the claimant.