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1. The remainder of the forest land 140,398 square meters located in Young-gun, Chungcheongnam-do, Chungcheongnam-do, by selling it to an auction and deducting the auction expenses from the proceeds thereof;
Reasons
1. Basic facts
A. The Plaintiff and the Defendants shared the forest land of 140,398 square meters (hereinafter “the forest of this case”) in proportion to the shares in the separate shares sheet in the attached sheet of co-ownership.
B. The forest land of this case is a non-permanent multi-chilling type with its shape, and only part of the boundary of the forest land is adjacent roads.
C. Since the Plaintiff acquired the ownership of 42/420 shares out of the instant forest on November 13, 2015 through the public auction procedure, the Plaintiff demanded the Defendants to divide the co-owned property, but did not reach an agreement on the partition of co-owned property up to now.
【As a result of the inquiry and reply of the fact-finding on machinery, such as the evidence Nos. 1 through 3 (including paper numbers), the Cheongju District Court, Young-dong Branch Branch of this Court, the whole purport of the arguments
2. Determination:
A. According to the above facts finding as above, the Plaintiff, one of the co-owners of the forest of this case, may claim the partition against the Defendants, who are other co-owners at any time.
However, as seen above, the agreement on partition of co-owned property with the Defendants was not formed, so the Plaintiff’s claim for partition of co-owned property as to the forest of this case has merit.
B. Co-owned property partition by one trial on the method of partition shall be, in principle, by the method of in-kind division as long as a rational partition can be made according to the shares of each co-owner. However, even if it is impossible in-kind division or it is possible in form, if the price might be reduced remarkably due to such act, it shall be done by the method of so-called payment division by ordering the auction of the co-owned property to divide the price.
The requirement that a "in-kind can not be divided" is not a physically strict interpretation, but a case where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, situation of use, and the use value after the division.