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The amount of 4,200 square meters of forest I in Hongcheon-gun, Gangwon-do shall be placed at an auction and the auction expenses shall be deducted from the price.
Reasons
1. According to the purport of Gap evidence No. 1-1 and the entire pleadings, the plaintiff and the defendants shared 4,200 square meters of forest land of Hongcheon-gun, Hongcheon-gun, Gangwon-do (hereinafter "the forest of this case"). The plaintiff's co-ownership shares are 16,529/84,00, defendant Eul's 13,220/84,000, defendant Eul's 6,600/84,000, defendant Eul's 9,918/84,000, defendant Eul's 16,529/84,84,000, defendant Eul's 13,224/84,00, defendant Eul's 1,380/800, defendant Eul's 6,600/800,000, and the agreement on the division method of forest of this case was not reached between the plaintiff and the defendants.
2. Determination
A. According to the above facts acknowledged, the Plaintiff, one of the co-owners of the forest of this case, may claim the partition of the forest of this case against the Defendants, who are other co-owners.
B. (1) The court shall, in principle, divide the co-owned property in kind in the case of dividing it by a trial because co-owners fail to reach an agreement, and if the co-owners are unable to divide it in kind or if the value thereof is likely to be significantly reduced due to the division in kind, the court may sell the co-owned property by auction and divide it
(Article 269 of the Civil Code). The requirement of “shall not be divided into money in kind” is not a physically strict interpretation, but includes cases where it is difficult or inappropriate to divide money in kind in light of the nature, location, area, use status, and the use value after the division, etc. of the article jointly owned in question.
(2) In the case of a co-owner's sole ownership of the part to be owned by the sole owner in kind, including the case where the value of the part to be owned by the sole owner might be significantly reduced compared to the value of the ownership before the division.
(See Supreme Court Decision 2002Da4580 delivered on April 12, 2002). (2) A without dispute, which can be recognized by the entry of evidence No. 1-1, and the purport of the entire pleadings.