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1. 15,993 square meters of C Forest land in Seosan-si;
A. Part a (a) of the ship connecting each point of the separate sheet Nos. 1 to 46, and 1.
Reasons
According to the purport of Gap evidence Nos. 1 through 3 and the whole pleadings, the plaintiff among C Forest land 15,993 square meters (hereinafter "the forest of this case") owns 16528/16952 shares, and the defendant owns 424/16952 shares, and it can be acknowledged that there was no agreement between the plaintiff and the defendant on the method of division. Thus, the plaintiff may file a claim against the defendant for the division of the forest of this case by his co-ownership.
The method of partition of co-owned property can be selected at will if there is an agreement between the parties, but if the co-owned property is divided by a trial due to the failure to reach an agreement, it is in principle divided in kind. If it is impossible to divide it in kind or if it is possible to divide it in kind in kind, the auction of the property can be ordered only when the value might be significantly decreased. In this case, the forest land of this case does not seem to have such special circumstance, and therefore, the forest land of this case shall be divided
As to the detailed method of subdivision of the instant forest, the statement of No. 2, and the result of the on-site inspection by this court, the following circumstances, which could be known by the result of the request for the survey and appraisal on the Korea Land Information Corporation and the President of the YYYYYYYYYYYYYYYYYYYYYYYYY, are as follows: (a) in the instant forest, three graves exist within a part of 400 square meters managed by the Defendant; (b) the area equivalent to the Defendant’s share ratio among the instant forest is 400 square meters (=15,93 square meters x 424/16952, 40 square meters). The Plaintiff actively wishes to be divided into three parts, b) the remainder of which is less than 400 square meters, and the relation between the Plaintiff and the Defendant, the shape or location of the land subject to subdivision, and the type of the common property jointly owned by the Plaintiff.