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1. Of the 6,612 square meters of C forest land in Jeju-si, each point indicated in the attached Form No. 1, 2, 20, 28, 27, 26, 25, 16, 17, 18, 19, and 1.
Reasons
1. Facts of recognition;
A. At Jeju, 4/5 shares in C forest land 6,612 square meters (hereinafter “instant forest”) are owned by the Plaintiff, and 1/5 shares are owned by the Defendant.
B. Although the Plaintiff and the Defendant did not reach an agreement on the method of dividing the instant forest land, which is jointly owned by the date of closing the argument in the instant case.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination
A. According to the above facts, the Plaintiff, a co-owner of the forest of this case, may claim a partition of the forest of this case against the Defendant, who is another co-owner. 2) The Defendant asserted that a co-owner of the forest of this case, who purchased specific parts of the forest of this case, and occupied and used them, and completed the registration of ownership transfer with respect to 1/5 shares in the name of the Defendant, so the Defendant’s claim for partition of co-owned property is not allowed. However, there is no evidence to acknowledge that there was a mutual title trust agreement between the Defendant and other co-owners to divide the specific parts of the forest of this case
B. Division of the method of partition of the article jointly owned by one owner may be selected at will if the co-owners reach an agreement, but if the article jointly owned is divided by a trial due to the failure to reach an agreement, in principle, it shall be divided in kind. The court may issue an order for auction of the article only when the value of the article is likely to be significantly reduced if the article is not subdivided in kind or if the article is divided in kind. Thus, barring such circumstances, the court shall render a judgment to divide the article jointly owned into several articles in kind, and to recognize the sole ownership of each co-owner for the article divided in kind, according to the share ratio of each co-owner.