1. The remainder of the sale price calculated by selling 9,068 square meters of I forest land in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, for auction and deducting the auction cost from the sale price.

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 2, the plaintiff and the defendants are owners of 1/7 shares of each of the 9,069 square meters of land (hereinafter "the forest of this case"), among the 9,069 square meters of forest land in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and the facts that no agreement was reached between the plaintiff and the defendants on the division of the forest of this case, and that no special agreement on the prohibition of

According to the above facts of recognition, the Plaintiff and the Defendants, co-owners of the forest of this case, did not reach an agreement on the method of division. Thus, the Plaintiff may file a claim against the Defendants for the division of the forest of this case pursuant to Article 269(1) of the Civil Act.

Furthermore, the method of partition is examined as to the method of partition, but the method of partition in kind can not be divided in kind, or even if it is possible in kind, if the price can be reduced remarkably, the auction of the co-owned property should be ordered, and if the price of the co-owned property can be reduced remarkably, the price of the co-owned property shall be reduced remarkably due to the in-kind partition. Here, the exchange value of the whole co-owned property shall be included not only in the case of the in-kind partition, but also in the case of one co-owner's failure to make a fair partition, and even in the case of one co-owner's failure, the value of the part to be owned independently due to the in-kind division shall be significantly reduced considerably than the share price before the co-owned property is divided in kind. Thus, even if the in-kind partition can be made in kind, if each co-owner's share can not be divided in kind according to the fair share ratio, it shall not be the method of in-kind division, but also the price ratio of co-owner's share and profits.