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1. The remainder of Gyeonggi-do H Forest land shall be put up for an auction and the auction expenses shall be deducted from the proceeds of the sale;
Reasons
Comprehensively taking account of the overall purport of the pleadings in Gap evidence Nos. 1 through 3 (including additional numbers), it is recognized that the plaintiff (Appointed Party), the Appointed Co., Ltd. (hereinafter "Appointed Party") and the Defendants shared the land of 661m2 in proportion to the share sheet in the attached Form, and that there was no agreement on the partition of co-owned property between the plaintiff (Appointed Party) and the Appointed-gun, Gyeonggi-do, as well as the Defendants.
According to the above facts of recognition, the plaintiff (appointed party) and the appointed party who are co-owners of the forest of this case may request the court to divide the co-owned property in accordance with Article 269(1) of the Civil Act.
In such cases, the court shall render a judgment on the division of the jointly-owned property, except in extenuating circumstances, and may order an auction of the property when it is impossible to divide it in kind in accordance with Article 269 (2) of the Civil Act or the value thereof is likely to decrease remarkably due to the division.
In full view of the size of the forest of this case, the number of co-owners, and the corresponding area by co-ownership share, etc., it is reasonable to divide the co-owned property into an auction and the remaining amount after deducting the auction cost from the sale price, with the content that the plaintiff (appointed party) and the appointed party and the Defendants distribute the land in proportion to shares
Therefore, it is so decided as per Disposition.