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1. In the order of 14, 15, 16, 17, 18, and 14 of the annexed Map Nos. 14, 15, 15, 16, 17, 18, and 14 of T forest land will be attached to T.
Reasons
1. Basic facts
A. U and the Defendants completed the transfer registration of equity ownership under the title No. 21794 of receipt on October 12, 1972 with respect to the portion of 1/5 of each of the 1/145 of T forest land (hereinafter “instant land”).
B. V completed on November 4, 200, No. 79117, Oct. 23, 200, the registration of transfer of ownership based on a successful bid due to a compulsory auction on November 23, 2000, with respect to U shares in the instant land (hereinafter “instant shares”).
C. On January 11, 2012, a voluntary decision to commence the auction was rendered with the Suwon District Court W on the instant shares. The Plaintiffs acquired the instant shares in the auction procedure at the above time, and the Plaintiffs completed the registration of ownership transfer as the receipt of No. 15365, Oct. 23, 2012, according to the ratio of shares stated in the attached Table 2.
The Plaintiffs and the Defendants did not reach an agreement on the method of dividing the instant land by the date of closing the argument in the instant case.
[Reasons for Recognition] Facts that there is no dispute between the parties, entry of Gap evidence 1 to 3, the purport of the whole pleadings
2. Determination
A. As seen in the above facts acknowledged, the agreement on partition of co-owned property was not reached between the plaintiffs and the defendants sharing the land of this case, and there is no agreement on partition prohibition as stipulated in the proviso of Article 268(1) of the Civil Act. Thus, the plaintiffs can file a claim against the defendants for partition of the land of this case pursuant to Article 269(1) of the Civil Act.
B. The plaintiffs asserts that the land of this case may be divided in kind or by dividing in kind in the case of the land of this case, because the value of the land may be significantly reduced, it shall be divided by auction.
In principle, partition of co-owned property by trial shall be divided in kind as long as it is possible to make a reasonable partition according to the shares of each co-owner, and it may be divided in kind in the payment division.