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1.The judgment of the first instance shall be modified as follows:
A forest E- 8512 square meters of forest land and 116 square meters of forest land in Chungcheongnam-do shall be sold at auction.
Reasons
1. According to the purport of the entirety of the statements and arguments in the evidence Nos. 1 and 2 as to the establishment of co-owned property partition claim Nos. 1 and 2, among the forest land Nos. 1 and 2 of this case, the plaintiff owns 1/3 shares, and 2/3 shares, respectively, and it can be acknowledged that the plaintiff and the intervenor did not reach an agreement on the method of division between the plaintiff and the plaintiff. Thus, the plaintiff may file a claim against the defendant for partition of the forest land No.
2. The parties' assertion
A. From among the instant forest land No. 1, the acquirer (Defendant) opened a road of 3 meters wide along the line connecting each point indicated in the annexed drawing No. 19-22, 26, 27, and 28, and owned jointly by the Plaintiff and the Intervenor for the purpose of passage. The part of the ship connecting each point of the annexed drawing No. 2-16, 28, 27, 26, and 26, and 2, where a grave, such as the Defendants’ shipbuilding, is located, is owned by the assignee. It is reasonable to divide the part of the ship connecting each point of the annexed drawing No. 16, 17, 18, 19, and 16 in order to be owned by the Plaintiff, respectively.
Furthermore, since F forest land 116 square meters in F forest land in Chungcheongnam-nam is expected to be expropriated as a road site, it is reasonable to claim compensation for land in the assigned group and distribute the compensation in proportion to the ratio of shares between the plaintiff and the defendant.
B. According to the Plaintiff’s assertion, it is reasonable to divide the instant real estate in kind according to the judgment of the court of first instance, since it is possible for the Defendant to have access to the portion on the ship indicated in the separate drawing by using a road existing on the land located in Chungcheongnam-do G, Chungcheongnam-do, and as such, it is reasonable to divide the portion into the auction, and if not, it is reasonable to divide the value into the auction and auction.
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