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1. Part on a ship (A) which connects each point of the attached Form 1, 2, 3, 4, and 1 among the 2,006 square meters of H forest land in Jin-si, Jin-si.
Reasons
1. As to H forest land No. 2,006 square meters (hereinafter “the instant forest”), the Plaintiff shares 91/2,006 shares, Defendant B’s 331/2,006 shares, Defendant C’s 321/2,006 shares, Defendant D, and E, each 9/2,006 shares, and Defendant F shares 165/2,006 shares.
As of the closing date of the instant pleadings, no agreement was reached between the Plaintiff and the Defendants on the method of dividing the instant forest land.
[Ground of recognition] Unsatisfy, Gap 1 and 2 evidence, the purport of the whole pleadings
2. Determination
A. According to the above facts, the Plaintiff and the Defendants shared the forest of this case, and there was no agreement on the division method of the forest of this case. Thus, the Plaintiff may file a claim with the court for the division of the jointly owned property of this case against the Defendants pursuant to Article 269(1) of the Civil Act.
B. Division of a method of partition of an article jointly owned may be selected at will if there is an agreement among the co-owners, but if the article jointly owned is divided by a trial due to the failure to reach an agreement, the court shall in principle divide it in kind, and if it is impossible to divide it in kind or if it is possible to divide it in kind, the auction of the article can be ordered only when the value of the article is likely to decrease substantially. Thus, barring the above circumstances, the court shall render a judgment to divide the article jointly owned into several articles in kind according to the ratio of shares of co-owners and to recognize the sole ownership of each co-owner for the article divided.
In addition, the method of division is not a way requested by the parties, but a reasonable division is made according to the ratio of shares of co-owners according to the overall circumstances of co-ownership or the objects of the division, according to the discretion of the court.