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Of the 95,107 square meters of the 95, 107 square meters of the Gangwon-si D Forest, each point of the attached Form 1,2, 3, 4, 5, 6, 7, 8, 9, 10, 27, 26, 25, 24, and 1.
Reasons
1. According to the reasoning of Gap's evidence Nos. 1 and 2 as well as the purport of the whole pleadings, the plaintiff shares 1/2 shares, and the defendants shares 1/4 shares, and the defendant's location cannot be known, and thus, there is no agreement as to the method of partition between the plaintiff and the defendants.
Therefore, the Plaintiff, as a co-owner of the instant land, may claim a partition against the Defendants, who are other co-owners of the instant land.
2. Division of the method of partition of co-owned property can be decided at will if the co-owners reach an agreement, but if the co-owned property is divided by a trial due to the failure to reach an agreement, the court shall divide it in kind in principle. If it is impossible to divide it in kind or if it is possible to divide it in kind, the price can be reduced remarkably, and the auction of the goods can be ordered only when the value thereof is likely to decrease substantially. Thus, barring the above circumstances, the court shall decide to recognize the sole ownership of each co-owner for the divided property by dividing the jointly-owned property into several goods in kind as it is, according to the ratio of shares of each co-owner. The method of partition is to make a reasonable partition according to the ratio of shares of co-owner according to the co-owner's share at the discretion of the court, rather than by the method requested by the parties, according to the co-owner's share relationship or all the things
(See Supreme Court Decision 93Da27819 delivered on December 7, 1993, etc.). The written evidence Nos. 1 through 4, and the area of the instant land recognized as a result of the commission of surveying and appraisal by the Korea Land Information Corporation, and the respective shares of the Plaintiff and the Defendants, and the instant land.