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1. An auction of 13,305 square meters of G forest in Gangseo-gu, Gangwon-do, and the amount calculated by deducting the auction expenses from the proceeds of the auction shall be attached.
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendants shared the share of 13,305 square meters in a forest G-gun of Gangseowon-gun (hereinafter “instant land”) according to the shares of shares by co-owners listed in the separate sheet.
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.
[Reasons for Recognition] Defendant C, D, and E: Defendant F who made a confession: The fact that there is no dispute, Gap 1 through 3, the purport of the whole pleadings
2. Determination
A. According to the above acknowledged facts, the Plaintiff, a co-owner of the land of this case, may claim the partition of the land of this case against the Defendants, other co-owners.
B. In light of the following circumstances, which can be seen by comprehensively taking account of the purport of the entire pleadings and the evidence revealed prior to the method of partition of co-owned property, i.e., ① the person who actively expresses his opinion as to the division of the instant land among the Defendants is Defendant F, the remaining Defendants are in fact unable to make a overall adjustment of the land of this case, including the location and size of the land, the interests among the Defendants, and ② evidence materials that can fairly divide the instant land in kind are not submitted, since the instant land constitutes a case where it is difficult or inappropriate to divide it in kind. Thus, it is fair and reasonable to sell the instant land by auction and distribute the amount calculated by deducting the auction expenses from the proceeds therefrom to the Plaintiff and the Defendants according to their share 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.