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1. The remainder of 9,322 square meters of AF forest AF forest AF forest in Chungcheongnam-gun is put to an auction and the proceeds of the sale are deducted from the auction.
Reasons
1. Basic facts
A. On June 18, 1971, the network AG, AH, and AI completed registration of preservation of ownership as to each of 1/3 shares of 1/3 of the 9,322§³ AF forest in Chungcheongnam-gun (hereinafter “instant land”).
B. On January 4, 2016, the Plaintiff acquired the shares of the above net AG through AJ, the inheritor, and the Defendants are the inheritors of the above net AH and AI, and the Plaintiff and the Defendants shared the land in proportion to their respective shares in the attached list.
C. Meanwhile, there was no agreement between the Plaintiff and the Defendants on the prohibition of partition of co-owned property as to the land of this case, and there was no agreement on the method of partition.
[Ground of recognition] Defendant 3, 10, 11, 12, 13, and 30: The remaining Defendants who have been admitted as confessions: The non-contentious facts, Gap evidence No. 1, and the purport of the whole pleadings
2. Determination
A. According to the above facts acknowledged, the plaintiff, as co-owner of the land of this case, may file a partition claim against the defendants, who are other co-owners, pursuant to the main sentence of Article 268(1) of the Civil Act, and the agreement on the method of partition was not reached. Thus, the plaintiff may file a partition claim with the court pursuant to Article 269(1) of the
B. In full view of the following: (a) method of partition of co-owned land; (b) current state and form of the land of this case; (c) number of co-owners; and (d) size of each co-owner in case of the partition of co-ownership in kind (which does not seem to coincide with the Defendants’ opinions as to whether the Defendants wish to remain a co-owner after the partition); and (c) the parties’ opinions
3. If so, the method of partition of co-owned property as to the land of this case is determined as above. It is so decided as per Disposition.