1. As to the forest land C, 3,124 square meters in Jeonju-gun, Jeonju-gun, the indication of the annexed drawing 1 through 12, 43 through 40, 20 through 39, and 1;

1. Of the land in this case, the Plaintiff’s share 31,631/33,124 among the land in this case, and the Defendant owned shares 1,493/33,124; the fact that there was no dispute between the Plaintiff and the Defendant as to the method of partition of the land in this case, which was jointly owned by the date of closing argument in this case, or that agreement on the method of partition of the land in this case was not reached between the parties, may be acknowledged either

According to the above facts, the plaintiff, one of the co-owners of the land of this case, may file a lawsuit against the defendant, who is another co-owner, in accordance with Article 269 (1) of the Civil Act, to divide the land of this case.

2. Judgment on the defendant's assertion

A. The summary of the defendant's assertion 1) The defendant's assertion is as follows: (a) part of (b) 1,493 square meters in the ship connecting each point of the annexed land No. 12 through 20, 40 through 43, and 12 in sequence; (b) the defendant's assertion that it occupies the land.

(2) Since the Defendant sectionally owned the land of this case, the Plaintiff cannot claim partition of co-owned property as to the land of this case. (2) The Defendant occupied the land occupied by the Defendant for 20 years from February 4, 1993, and acquired the right to claim ownership transfer registration based on the prescription period for possession on or around February 4, 2013, and thus, the Plaintiff cannot claim partition of co-owned property.

B. In the case where the rights of each sectional owner are sold to a third party through the auction procedure in the sectionally owned co-ownership relation for the part of the claim for sectional ownership, in order to succeed to the sectionally owned co-ownership relation for the third party, the court of execution shall not co-ownership but the specific sectionally owned property, and accordingly, shall conduct an auction after setting the minimum sale price. Thus, the purchaser shall be subject to auction unless it is proved that the co-ownership share is treated as indicating the sectionally owned co-ownership relation for the specific part of the object of auction and it is conducted after the determination of the minimum sale price.