1. The remainder of the sale price calculated by selling 11,504 square meters of the forest Nancheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and deducting the auction cost from the sale price

1. Facts of recognition;

A. The Plaintiff shares 42/133 shares, Defendant C, F 7/133 shares, Defendant D42/13 shares, Defendant E28/13 shares, Defendant G, H, I, J, K, K, L, and 1/133 shares, respectively.

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

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

(a) In the case of dividing the article jointly owned by a trial, in principle, by dividing it in kind, or by dividing it in kind or by dividing it in kind, if the value thereof is apprehended to be significantly reduced, the auction of the article jointly owned may be ordered, and the price may be paid in installments;

Here, the requirement includes cases where it is physically impossible to divide the property in kind, as well as cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, use status, value of use after the division, etc.

(see, e.g., Supreme Court Decision 2013Da56297, Dec. 10, 2015). B.

In light of the aforementioned facts and the overall purport of the arguments, the following circumstances, namely, ① many co-owners of the instant land; ② since the instant land is a sloped forest, it is not easy to assess the value of the land to be divided in kind; ③ during the adjustment process, the Plaintiff and some Defendant did not conduct a survey to divide in kind and agree to the method of payment by auction, it is reasonable to divide the instant land by means of auction.

3. In conclusion, the land of this case shall be sold at auction and the remaining amount after deducting auction expenses from the price shall be divided in a way of distributing in proportion to the share ratio of the Plaintiff and the Defendants.