beta
Text
1. The Plaintiff shall sell the 46,116 square meters of V forest in Yangju-si to an auction and deduct the auction cost from the proceeds.
Reasons
1. Basic facts
A. The Plaintiff and the Defendants shared the 46,116 square meters of woodlands V in Yangju-si (hereinafter “instant land”) according to the shares of shares by co-owners indicated in the attached list.
B. No agreement was reached between the Plaintiff and the Defendants on the method of dividing the land of this case until the closing date of the instant argument.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings
2. The Plaintiff, a co-owner of the instant land, may claim a partition of the instant land against the Defendants, who are other co-owners.
Furthermore, as to the method of partition of co-owned property, the following circumstances are revealed by comprehensively considering the purport of the entire pleadings as to the method of partition of co-owned property, i.e., ① in the case of dividing the land in kind by public notice, Defendant L is practically impossible to coordinate the interests between the Plaintiff and the Defendants, such as the location and size of the land, etc. ② in the case of claiming that auction division is unfair, ② in the case of Defendant D, F, I, K, and M, which claimed that the above problem should be resolved by purchasing the Plaintiff’s shares, etc., and ③ in the case of Nonparty D, F, I, K, and M, which did not present a written spot partition, and the remaining Defendants did not dispute the Plaintiff’s claim seeking price partition by auction. In light of the above, it constitutes a case where it is difficult or inappropriate to divide
As such, it is reasonable to divide the land of this case into an auction and the remaining amount after deducting the auction cost from the proceeds therefrom, in a way that distributes the land to the plaintiff and the defendants according to their respective shares ratio.
3. In conclusion, the partition of co-owned property as to the land of this case shall be determined as above, and it is so decided as per Disposition.