A. On April 19, 1983, the Defendant and D completed the registration of preservation of ownership as to one-half of each of the 29,304 square meters of C Forest land (hereinafter “the instant forest”) and the E large 1,218 square meters (hereinafter “instant land”); and each of the above real estate is referred to as “each of the instant real estate”).

On November 29, 1993, the Plaintiff completed the registration of transfer of co-ownership on June 15, 1985 with respect to D 1/2 shares among each real estate of this case on November 29, 1993.

B. The Defendant owned the instant land on the ground before around 1993 and occupied the instant land.

C. Some of the instant forests and fields exist, and the Defendant’s graves exist.

The defendant manages the above graves prior to around 1993, and operates and occupies the orchard in the remaining parts of the forest land of this case.

There is no division prohibition agreement between the Plaintiff and the Defendants on the forest of this case, and there was no agreement on the division method of the forest of this case.

[Ground of recognition] Unsatisfy, entry in Gap evidence 1 through 4 (including each number for a case with a serial number), the purport of the whole pleadings

2. Judgment on the claim for partition of co-owned property

A. According to the above facts, the Plaintiff, a co-owner of the forest of this case, may file a claim against the Defendant, who is another co-owner, for the partition of the forest of this case jointly owned pursuant to Article 269(1) of the Civil Act.

B. In principle, partition of co-owned property based on a judgment on the method of partition of co-owned property shall be made in kind as long as a reasonable partition can be made according to each co-owner's share. However, even if it is impossible in kind or it can not be made in form, if the value may be reduced remarkably due to the auction of the co-owned property, it may be made by the method of payment division ordering the auction of the co-owned property to divide the price. However, in the