A. The Plaintiff and the Defendants jointly own 1/4 shares of forest E 893 square meters of forest land in Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant real estate”).

B. There is no agreement between the Plaintiff and the Defendants on the method of dividing the instant real estate.

[Reasons for Recognition] Facts without dispute, each entry or video of Gap 1 through 7 evidence (including each number), and the purport of the whole pleadings

2. Determination as to the cause of action

A. Division of the jointly-owned property may be selected at will if the co-owners reach an agreement, but if the jointly-owned property is divided by a trial due to the failure to reach an agreement, the court shall, in principle, divide it in kind. It is possible to order the auction of the goods only when it is impossible to divide it in kind or when the value is considerably reduced if it is divided in kind. Thus, barring the above circumstances, the court shall render a judgment that recognizes the sole ownership of each co-owner for the divided property by dividing the jointly-owned property into several goods in kind in accordance with the share ratio of co-owners.

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 the goods which are co-ownership relations or objects at the discretion of the court. If the goods jointly owned by many people are divided in kind within the limit of shares of the co-owners, the remaining co-owners who do not want the division are allowed to remain in co-ownership.

However, on the ground that the claimant for partition claims in kind for sharing the other party, even though the other party does not want to maintain the sharing relationship only between them, it is not possible to divide the other party in kind in a way that still remains in common. < Amended by Act No. 13210, Mar. 26, 2015>