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1. Ulsan-gun A forest of Ulsan-gun, a forest of 77658 square meters and a forest of 38360 square meters in Ulsan-gun, Ulsan-gun, shall be put up for auction and proceeds therefrom.
Reasons
1. Facts of recognition;
A. The Plaintiff and Defendant B, D, E, F, G, H, J, M, M, O, T, U, V, W, X, Y, and Z share each of the shares listed in the separate sheet in U.S. A. A. A., Ulsan-gun, Ulsan-gun, U.S. (hereinafter “instant forest”) and U.S. AB AB, U.S., U.S., U.S. Forest, 38360 square meters (hereinafter “instant forest 2”).
B. The Plaintiff and Defendant B, C, D, F, H, J, L, M, N, M, M, R, T, U,V, W, X, and Z share each share of 1571 square meters of forest land in Ulsan-gun, Ulsan-gun, U.S. (hereinafter “instant forest land”).
C. The Plaintiff and Defendant B, C, D, F, G, H, J, M, P, Q, Q, T, U, V, W, X, and Z share each share of 9205 square meters of the AD AD forest in Ulsan-gun, Ulsan-gun, Seoul (hereinafter “instant land”).
There is no separate agreement between the Plaintiff and the Defendants on the prohibition of partition on the forest land from Nos. 1 to 4 of this case, and there is no agreement on division.
E. As of March 16, 2020, the market value of the forest land No. 4 of this case as of March 16, 2020 near the closing date of the pleadings of this case is KRW 202,510,00. The market value of the forest land No. 4 of this case as of March 16, 2020 is calculated as the Plaintiff and Defendant B, D, F, G, H, H, L, M, P, Q, Q, T, U,V, W, X, and Z shares, the market value of each share is as shown in the market value column in the annexed Table No. 3.
[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 4, Gap evidence 5-1 and 5-2, the result of the appraisal commission to the appraiser AE by this court, the purport of the whole pleadings
2. Determination
A. According to the facts of recognition as above, the Plaintiff, a co-owner of the forest land Nos. 1 through 4 of this case, can file a claim against the Defendants, who are co-owners of the above forest land, for the partition of each forest land owned jointly by the Defendants.
B. Division of a method of partition of the article jointly owned by a co-owner may choose the method at will if the co-owners reach an agreement, but if the article jointly owned is divided by the trial due to the failure to reach an agreement, the court shall do so in kind.