1. The remaining amount calculated by deducting the auction cost from the price shall be attached to the auction by selling 1,381 square meters of K K-si Kimpo-si.

1. Facts of recognition;

A. Defendant B, C, and H, together with Nonparty L, I, M, N,O, P, and Q, completed the registration of ownership transfer with respect to each of 1/10 shares of 1,381 square meters of K forest land in Kimpo-si on September 24, 1982 (hereinafter “instant land”).

B. Since then, the ownership of the instant land’s co-ownership was successively modified, and the Plaintiff and the Defendants shared the instant land by 1/10 shares, as shown in the co-ownership share sheet as of the date of closing the argument.

C. The Plaintiff, the ownership of the instant land, is seeking to resolve the co-ownership relationship, and there was no agreement between the Plaintiff and the Defendants on the method of partition.

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

2. Determination

A. According to the above facts finding as to the cause of partition claim, the Plaintiff, co-owner of the instant land, barring special circumstances, may file a claim for partition of the instant land with the Defendants, other co-owners pursuant to Article 269(1) of the Civil Act, barring special circumstances. 2) Defendant B, C, D, and I, prior to acquiring the Plaintiff’s share of co-ownership, have owned part of the instant land by specifying the location and size of the land between the Plaintiff and the Defendants and owned it exclusively by way of using and gaining profit from it. Thus, the so-called “separate-owned co-ownership relationship” was established, and thus, the Plaintiff’s claim for partition of co-owned property cannot be complied with.

The co-ownership relationship between sectional ownership and sectional ownership is legally established only when an agreement is made by many persons to specify the location and size of a parcel of land, and even if co-owners agree to divide the jointly owned property and have occupied and used each part by specifying the divided ownership from that time, the relationship of sectional ownership can be established.