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1. He shall sell the H forest land at auction in Leecheon-si and the remaining amount after deducting the auction expenses from the proceeds.
Reasons
1. Basic facts
A. The plaintiffs including the plaintiff (appointed parties) and the defendants are co-owners of the real estate stated in Paragraph (1) of this Article (hereinafter "the forest of this case"), and their co-ownership shares are as shown in the attached Table of co-ownership.
B. Although the Plaintiffs proposed to the Defendants to resolve the sharing relationship through the division of the instant forest, the Plaintiffs did not reach an agreement on the division until the closing of the instant argument.
C. According to Article 25 of the Ordinance on the Urban Planning in Ischeon-si where the instant forest is located, where land in the green area as well as the instant forest is divided without obtaining permission, authorization, etc. under the relevant Acts and subordinate statutes, the divided area shall not be less than 200 square meters (paragraph (1)). In the case of franchis as to the instant forest, the divided area shall be more than 200 square meters (paragraph (2)). In the case of franchis as to the instant forest, there is no dispute (Evidence 2) / [
2. According to the above facts of recognition, the plaintiffs, as some co-owners of the forest of this case, may request the remaining co-owners to divide the forest of this case into the forest of this case.
Furthermore, the method of division is examined.
In the case of dividing an article jointly owned by a trial, in principle, by dividing it in kind, or by dividing it in kind or by dividing it in kind, if the value thereof is apprehended to be significantly reduced, the auction of the article jointly owned may be ordered to be paid in installments.
Here, the requirement includes cases where it is physically impossible to divide the property in kind, as well as cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, use status, value of use after the division, etc.
(See Supreme Court Decision 2013Da56297 Decided December 10, 2015). In this case, co-owners of the forest of this case reach 13 persons, and accordingly, are not more than three parcels pursuant to the Ordinance of Leecheon-si.