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1. The sale of forest land AG 111,065 square meters in Gangwon-gun, Hongcheon-gun, to an auction, and the remainder after deducting the auction expenses from the price;
Reasons
The Plaintiff and the Defendants share each corresponding share (R died on August 12, 2017 while the instant lawsuit is pending, on August 12, 2017, 3305.7/1121 of the shares owned by the Plaintiff and the Defendants, whose spouse is the Plaintiff, in the proportion of the shares indicated in the separate sheet of shares in Hongcheon-gun, Hongcheon-gun AG Forest (hereinafter “instant land”).
(A) Evidence No. 1, No. 1, and the purport of the entire pleadings. The Plaintiff, a co-owner of the instant land, may file a claim for the partition of the instant land with the Defendants, who are other co-owners, pursuant to Article 269(1) of the Civil Act.
We examine the method of partition of co-owned property.
In light of the following circumstances, Gap evidence 1, Gap evidence 4-1, Eul evidence 1, Eul evidence 1, Eul evidence 1, Eul evidence 1, and the whole purport of pleadings, the plaintiff filed the lawsuit of this case by requiring the division of the land of this case by the method of spot division as stated in the purport of the claim, i.e., the plaintiff sought the method of distributing the proceeds through auction if the agreement on the method of division with the defendants is not reached, and the defendant Eul does not consent to the method of spot division as presented by the plaintiff. Some defendants asserted that the part of the land of this case should be divided in kind by specifying the location of the land of this case as indicated in the separate sheet as indicated in the separate sheet. Considering that the land of this case is deemed to have been sold in kind to some defendants, it is difficult or inappropriate to divide the land of this case in kind, and it is reasonable to divide it by the method of spot payment.
Therefore, it is so decided as per Disposition by the assent of all participating Justices on the bench that the remaining amount of the land of this case, which was put up for auction and deducted from the auction cost, shall be distributed to the plaintiff and the defendants