1. The remainder of AA forest land of 35008 square meters in Chungcheongnam-do, Chungcheongnam-do, which is put to an auction and the auction cost is deducted from the price.

1. Basic facts

A. Nonparty AB, AC, AD, AE, and the Plaintiff shared 1/5 shares in relation to the AA forest 35,008 square meters (hereinafter “the instant forest”).

B. On December 1, 1989, the non-party AD died and jointly succeeded by the defendant F, E, G, B, D, C, and H, who is his wife. The defendant F, G, C, C, C, and H died on October 15, 2005, and the above Defendants, who are their children, jointly succeeded.

C. On February 1, 1999, the non-party AE died and succeeded to Defendant V, W, X, Y, and Z, who is his wife, and the above Defendants, who are their children, were jointly inherited on April 1, 199.

The non-party AC died on April 5, 2008 and succeeded to the inheritance of Defendant Q Q, R, S, T, and U, who is his wife AH, and the above Defendants, who are their children, were jointly succeeded to.

E. On January 14, 2015, Nonparty AB died and succeeded to Defendant I, Defendant J, Nonparty II, Defendant L, Defendant L, M, and K, who is his wife. On December 3, 2017, Nonparty AI died and jointly succeeded to Defendant N, DefendantO, who is his/her spouse, and P.

F. As of the date of the closing of argument with respect to the instant forest, there was no division consultation.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. Determination

A. According to the facts acknowledged as above, the Plaintiff, a co-owner of the forest of this case, can file a partition of co-owned property against the Defendants, other co-owners, pursuant to Article 269(1) of the Civil Act.

B. As a matter of principle, the division of co-owned property by judgment on the method of partition of co-owned property shall be made in kind so that each co-owner can make a rational partition according to his/her share. However, the requirement of “undivided in kind” in the payment division is not physically strict interpretation, but physically strict interpretation. 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, and use value after the partition.

I would like to say.

In this case, the health unit and the plaintiff are auctioned.