1. The remainder of the amount calculated by deducting the auction expenses from the proceeds by selling the 2,525 square meters of the D Forest in Gwangju-si.

1. Facts of recognition;

A. The Plaintiff (Appointed) and the designated parties share 2/21, 2/9, and 1/9 of the forest land in Gwangju-si (hereinafter “instant forest”) respectively.

B. There was no separate partition prohibition agreement between the Plaintiff (Appointed), the designated parties, and the Defendants on the instant forest land, and there was no agreement on the division method of the said forest land until the date of closing the argument in the instant case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged, the plaintiff (appointed party) and the designated parties who are co-owners of the forest of this case may claim the division of the forest of this case, which is co-owners, under Article 269(1) of the Civil Act, against the defendants who are co-owners.

B. In principle, the partition of co-owned property in kind can be divided in accordance with each co-owner's share. However, even if it is impossible in kind or it is possible in form, if the value of the co-owned property might be significantly reduced, the so-called price division can be made in installments by ordering the auction of the co-owned property, but it cannot be divided in kind in the price division. It does not physically be interpreted strictly. It includes cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location, area, use situation, use value after the division, etc. of the co-owner's share, and it includes cases where it is difficult or inappropriate to divide the property in kind in kind in consideration of the nature of the co-owned property, location, use situation, use value after the division.