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1. The remainder of D Forest land 7,668 square meters, which is referred to an auction and the auction cost is deducted from the price.
Reasons
1. Facts of recognition;
A. On May 13, 2015, the Plaintiff purchased shares of 3935/9421 of D Forest land 7,668 square meters (hereinafter “instant forest”) in the real estate compulsory sale procedure, and completed a share transfer registration in the name of the Plaintiff on May 21, 2015.
B. B Concerning the share of 2743/9421 out of the instant forest land on January 15, 2015, Defendant C completed each share transfer registration as to the share of 2743/9421 out of the instant forest land on August 26, 2005.
C. Although the Plaintiff proposed the Defendants to divide the instant forest, there was no agreement on the method of division.
Among the forest land of this case, part of 663 square meters on board (B) stated in the purport of the claim is used as a road.
The part (A) of the claim is 3,704 square meters (hereinafter referred to as “the part (A)”) on the north of the above road, and the part (c) of 3,301 square meters (hereinafter referred to as “the part (c)”) on the outside of the above road are 3,301 square meters (hereinafter referred to as “the part (c)”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (including additional numbers), the result of this court's request for surveying and appraisal of the Korea Land Information Corporation, the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff, the co-owner of the instant forest land, and the Defendants, did not reach an agreement on the method of partition. Therefore, the Plaintiff has the right to co-owned share against the Defendants, based on his co-owned share.
(b) If the co-owned property is divided in kind in accordance with the judgment on the partition method 1-related legal principles, if it is impossible to divide it in kind or if the value thereof is likely to be reduced remarkably, the auction of the article may be ordered to be paid in installments.
In this article, the requirement is not a physically strict interpretation, but a character, location, area, situation of use, and division of the article jointly owned.