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1. The remainder of 20,628 square meters of forest land in the voice group in Chungcheongbuk-gun shall be put to an auction and the auction expenses shall be deducted from the proceeds thereof;
Reasons
In light of the facts and the overall purport of the statements and arguments by Gap 1-3, the defendants and M are deemed to have been donated 1/10 of each of the 20,628 square meters of land (hereinafter "the land in this case") in the voice-gun of Chungcheongnam-do on December 22, 1988 and completed the registration of ownership transfer as to each of the above shares on December 26, 1988. The plaintiff was awarded a successful bid in the public sale procedure on August 1, 2006 and paid the price in full. There was no agreement prohibiting the division of the land in this case between the plaintiff and the defendants, and there was no agreement between the plaintiff and the defendants on the method of division of the land in this case as of the date of the closing of the argument in this case.
According to the above facts of recognition, since the agreement was not reached between the plaintiff and the defendants, who are co-owners of the land of this case, on the method of dividing each of the real estate of this case, the plaintiffs can claim a partition of co-owned property of this case to the court pursuant to Article 269
In principle, the article jointly owned is divided in kind, but it is possible to divide the article jointly owned by auction only when it is impossible to divide it in kind or the value thereof is likely to be reduced remarkably by division.
(Article 269(2) of the Civil Act. In full view of the fact that there is no dispute, and the entries and the purport of the whole arguments by Gap 2 and 3, the land in this case is a blind spot without a road, and can be entered only through ditches, and it is recognized that there exist a lot of graveyards on the ground. Thus, it is difficult to divide the land in kind.
Therefore, it is reasonable to distribute the remaining money after deducting the auction cost from the sale price by selling each of the instant real estate to the share ratio of the plaintiffs and the defendant (each 1/10).
If so, the plaintiff's claim is justified.