1. Of the 10,848 square meters of the 10,848 square meters of N forest in Gunsan-si, the annexed map indicating 5,6,7,8,9,10,11,12,13,14,15,16, 17,18, 19, 20,21, and 5;

Basic Facts

The Plaintiff and the Defendants shared the forest land of this case according to the share ratio listed in the following table.

Plaintiff 5,093/10,848 Defendant B 992/10,848, Defendant E 565/10,848, Defendant F1,322/10,848, Defendant G 330/10,848, Defendant H 364/10,848, Defendant I 331/10,848, Defendant J 661/10,848, Defendant C 496/10,848, Defendant L 198, Defendant M 496/10,848, and the Plaintiff requested the Defendants to divide the forest of this case, but did not reach an agreement on the method of division.

There is no separate agreement prohibiting the division of the instant forest land.

[Ground of recognition] The plaintiff is seeking to divide the forest land of this case into an auction and to distribute the remaining money after deducting the auction cost from the auction price. The plaintiff is seeking to divide the forest land of this case according to the ratio of shares.

According to Article 269 (2) of the Civil Act, an auction may be divided only when it is impossible to divide the article jointly owned in kind or the value thereof is likely to decrease remarkably due to such division.

However, there is no evidence to acknowledge that the instant forest cannot be divided in kind in the case of the instant forest, and according to the appraisal results and the purport of the entire pleadings by the Korea Land Information Corporation on June 21, 2017, it is difficult to deem that each of the instant forest land divided in kind is adjacent to the road, and that the value of each of the instant forest land divided in kind is likely to be significantly reduced in terms of the divided area and shape.

As such, since the forest land of this case does not fall under Article 269(2) of the Civil Act, this court cannot divide the forest land of this case into the method of payment in installments.

According to the health team, Gap evidence No. 3, the appraisal results and the whole purport of arguments concerning the Korea Land Information Corporation of this Court on June 21, 2017, as to the method of in-kind division, the following points are as follows: ① 1,2,3,4, 4, 5, 6, 7, and 8 out of the forest land of this case indicated in attached Form 1. drawings.