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1. The sale price shall be the remainder of D Forest land 71,117 square meters in Nam-gu, Seoul Metropolitan City and the auction cost shall be deducted from the sale price.
Reasons
1. Facts of recognition;
A. As to the 71,117 square meters of D Forest land in Yandong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City (hereinafter “the instant forest”), Plaintiff A owns 68/198 shares, Plaintiff B’s 68/198 shares, Defendant B’s 68/198 shares, Defendant (Appointed Party)’s 8184/130680 shares, Appointed E’s 6138/130680 shares, Appoint 6138/130680 shares, F, H, and I own 4092/130680 shares, respectively, and J owns 10230/130680 shares.
B. The plaintiffs, the defendant (Appointeds) and the appointed parties (hereinafter "the defendant's side") were divided into high-parent families with the same line. Among the forest of this case, the graves of the plaintiffs and the defendant's ship are mixed in the attached table (b) and (c) of the attached table of appraisal among the forest of this case, and the graves of the plaintiffs and the defendant's ship are mixed in the attached table (A) of the same appraisal map.
C. The attached appraisal of the forest of this case (A), (b), and (c) are as perfect hills and are cultivated with agricultural land at a place where it is located, and the accessibility from roads is relatively good, but (d), (e), (e), and (f) are relatively low, and there is no development since accessibility has been remarkably lowered from roads, and the part (f) among them is not the most developed.
The plaintiffs and the defendant did not agree on the division of the forest land of this case.
[Ground of recognition] A without dispute, Gap evidence 7-1 to 14, Gap evidence 9, Gap evidence 10-10, the result of the on-site inspection by this court, the result of the division survey by appraiser K, the purport of the whole pleadings
2. Determination as to the claim
A. According to the above facts of recognition, the Plaintiffs, co-owners, may seek co-owned property partition against the Defendant pursuant to Articles 268 and 269 of the Civil Act.
(b) Partition of a co-owned property by judgment may be made in kind, in principle, or in kind, as far as it is possible to make a rational partition according to the share of each co-owner, or, if it is impossible to divide it in kind or in kind, or if it is apprehended to reduce the value thereof remarkably, by ordering an auction;