1. The money remaining after selling 1007 square meters of land C in Gyeyang-gu, Yangyang-gu, Yangyang-gu and deducting the auction expenses from the proceeds of auction.

1. Fact-finding;

A. 3/4 shares in the 1007 square meters of land C in Gyeyang-gu, Seoyang-gu (hereinafter “instant forest”) are owned by the Plaintiff, and the remaining 1/4 shares are owned by the Defendant.

B. The Plaintiff and the Defendant agreed to resolve the co-ownership of the forest of this case, but the method of partition is not agreed.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

(a) Co-owners of the real estate for the purport and provision of the Civil Act as to the right to claim partition of co-owned property may claim a partition of the co-owned property (Article 268(1)), and in a case where the agreement on the method of partition has not been reached, co-owners may request a court for partition, and in a case where it is impossible to divide in kind in kind or the value thereof might be reduced remarkably due to such partition, the

(Article 269) Therefore, the method of partition of co-owned property by trial may be, in principle, divided in kind as far as it is possible to make a reasonable partition according to the share of each co-owner, or, if it is impossible to divide in kind or in kind or it is possible to divide in kind, if the value might be significantly reduced, an auction may be ordered to divide in kind.

The requirement of “undivided in kind” is not physically strict interpretation, but includes cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, use status, and use value after the division.

(See Supreme Court Decision 2009Da40219, 40226 Decided September 10, 2009, etc.) B.

Considering the following circumstances acknowledged by evidence conducted before the method of partition of co-owned forest of this case, the forest of this case constitutes a case where it is difficult or inappropriate to divide the forest of this case in kind, and thus the remaining amount after deducting auction expenses from the proceeds thereof.