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1. On board a ship which connects each point of the attached Form 1, 23 through 46, and 1 among the 29,157 square meters of forest land D in Bocheon-si.
Reasons
1. Basic facts
A. On March 5, 1982, the Defendants and F completed the registration of transfer with 1/3 shares in relation to D forest land 29,157 square meters and E forest land in Boan-si, Boan-si, Boan-si, for the reason of inheritance of property following the division of consultation.
B. The Plaintiff purchased each share from G, which was acquired by auction each one-third share of F with respect to each of the above forest areas, and completed the registration of each share transfer on July 9, 2008.
C. The Plaintiff and the Defendants did not agree on the division.
【Ground of recognition】 Evidence A 1-1 and 2-2, the purport of the whole pleadings
2. Determination
A. As seen above, the Plaintiff, a co-owner of each of the above forests and fields, and the Defendants did not reach an agreement on the method of partition. As such, the Plaintiff, a co-owner, may file a claim for judicial partition against the Defendants, who are other co-owners.
In principle, partition of co-owned property by judgment shall be divided in kind as long as it is possible to make a reasonable partition according to the share of each co-owner, but it may be impossible to divide in kind or in form.
Even if the value is likely to be reduced remarkably due to it, it shall be made by the method of payment in installments.
B. Furthermore, we examine the method of division.
In full view of the following circumstances recognized by comprehensively taking into account the purport of the entire pleadings, it is reasonable to divide each of the above forests in kind as described in paragraph (1) of this Article.
① During the instant lawsuit, the Plaintiff and Defendant C agreed to divide each of the said forests in kind, as described in paragraph (1) of this Article.
② The registration of establishment of neighboring places established in the Defendants’ shares, among 29,157 square meters of D forest land in Bocheon-si, was cancelled on May 21, 2018.
3. Conclusion, each of the above forests and fields shall be divided as described in paragraph (1) of this Article.