1. The remainder of the amount calculated by deducting the auction expenses from the proceeds by selling the 4438 square meters of the forest Nancheon-si.

1. Co-owned property partition claim

A. In full view of the purport of Gap’s entry and the entire pleadings, the facts that the plaintiffs and the Defendants shared the 4438 square meters of Nancheon-si Nan Forest (hereinafter “instant land”) in their shares in attached Table 1, and the facts that the consultation on the method of dividing the instant land between the plaintiffs and the Defendants was not concluded.

According to the above facts of recognition, the Plaintiffs, as co-owners, may request the Defendants, who are the remaining co-owners, to divide the instant land.

B. Defendant L alleged that the Plaintiffs and the Defendants agreed not to divide the instant land at the time of purchase from Chungcheongnam-do around 2012. However, each fact-finding results and each fact-finding results on the forest environment research institute in Chungcheongnam-do are insufficient to recognize the fact of the partition prohibition agreement, and there is no other evidence to acknowledge it. Thus, Defendant L’s above assertion is without merit.

2. Method of partition of co-owned property;

A. In principle, partition of co-owned property by trial may be conducted in kind as long as a reasonable partition can be made according to the share of each co-owner. However, when it is impossible to divide in kind in kind or the value thereof might be significantly decreased due to the division, the court may order an auction of the goods (see Article 269(2) of the Civil Act). Here, the requirement that “it cannot be divided in kind” is not physically strict interpretation, but physically strict interpretation is not to include cases where it is difficult or inappropriate to divide in kind in light of the nature, location, area, use status, and use value after the division.

The phrase "where the value of the portion is likely to be reduced remarkably if it is divided in kind" is that the value of the portion to be owned by the owner is greater than the value of the share before the division even if the co-owner is a person.