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1. The remainder that is 15238 square meters of forests and fields D in Yong-gun, Chungcheongnam-gun, and the proceeds of auction shall be deducted from the proceeds of auction;
Reasons
1. The Plaintiff currently owns 36329/573630 shares, Defendant B’s 95605/573630 shares, and Defendant C owns 1114726/573630 shares, respectively.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. In the case of dividing the jointly-owned property in kind in accordance with the relevant legal principles, if it is impossible to divide it in kind or if it is anticipated that its value will be significantly reduced, the auction of the article may be ordered to make a payment in kind. Here, the requirement of "shall not be divided in kind" is not physically strict interpretation but physically strict. It includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, utilization status, and use value after the division, etc. of the article jointly-owned in kind.
I would like to say.
(Supreme Court Decision 91Da27228 Decided November 12, 1991; Supreme Court Decision 2002Da4580 Decided April 12, 2002; Supreme Court Decision 2009Da40219, 4026 Decided September 10, 2009, etc.) B.
In the case of this case, in light of the relevant legal principles, the following facts and circumstances revealed as follows: ① part of the land of this case is linked to the remaining side of the land of this case, ② the area of this case reaches 15238 square meters, ③ the co-owners of the land of this case are three original and the defendants, ④ the share share of the original and the defendant is 573630, ④ the share of the original and the defendant is 573630, ⑤ the defendant did not respond to the plaintiff's complaint seeking the payment by auction, ⑤ the land of this case is difficult or inappropriate to divide the land of this case in kind.
3. According to the conclusion, the payment for the land of this case by auction is to be made.