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1. The attached appraisal map indicating 1,2,3,4,5,6,7,7,8,8,9,22,13, 15, 16, 17, 18, 19, 19, 20,00 square meters of C forest land in Seosan-si, Seosan-si;
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendant shared (the Plaintiff’s share 2/3 and Defendant’s share 1/3) with C Forest land 1,478 square meters, D forest land 304 square meters, and forest land E 114 square meters (hereinafter “instant land”).
B. Until the date of the closing of the instant argument, there was no agreement between the Plaintiff and the Defendant on the method of dividing the instant land.
[Reasons for Recognition] Each entry of Gap evidence Nos. 2 and 3 (including paper numbers), the purport of the whole pleadings
2. Determination
A. According to the facts acknowledged as above, the Plaintiff, a co-owner of the land of this case, may file a partition claim against the Defendant, who is another co-owner, for the land of this case jointly owned pursuant to Articles 268 and 269 of the Civil Act.
B. The method of co-ownership (1) can be selected at will if the co-owners agree on the method, but if the co-ownership is divided by a trial due to the failure to reach an agreement, the court shall in principle divide the co-ownership in kind. The court may order the auction of the article only when the value of the article is likely to be significantly reduced if the co-owner's share is not divided in kind or in kind. Thus, barring the above circumstances, the court shall decide to recognize the sole ownership of each co-owner for the divided article by dividing the jointly-owned article into several items in kind, and then the method of division shall be made at a reasonable rate according to the share ratio of the co-owner at the court's discretion, rather than at the request of the parties, according to the co-ownership relation or the overall situation of the article which is the object thereof (see Supreme Court Decision 2004Da10183, Jul. 22, 2004). 204; the appraisal report of the appraiser Gap evidence No. 1, the Korea Land Survey Corporation and the Korea Land Survey Corporation as to this case.