1. The amount remaining after selling the 96,992 square meters of forest D, Chang-gun, Chungcheongnam-gun, and deducting the expenses for auction from the proceeds of auction.

Facts of recognition

A. The Plaintiff and the Defendant shared the Plaintiff 43/64 shares and the Defendant 21/64 shares of the Plaintiff, 43/64 shares, respectively.

B. The Plaintiff and the Defendant did not reach an agreement on subdivision of the instant land, and there is no agreement on subdivision prohibition.

[Ground of recognition] Fact that there is no dispute, Gap evidence No. 1, and the judgment of the court as to the ground for a claim as a whole of the pleadings, the plaintiff, a co-owner of each real estate of this case, may file a claim for partition of the land of this case with the defendant, who is another co-owner pursuant to Article 269

The method of partition of co-owned property by judgment shall be, in principle, divided in kind as long as it is possible to make a reasonable partition according to the share of each co-owner. However, if it is impossible to divide in kind in kind or if the value thereof is apprehended to be significantly reduced, an auction may be conducted. In the price division, the requirement that "it shall not be divided in kind" is not physically strict interpretation, but physically strict interpretation is not to include the case where it is difficult or inappropriate to divide in kind in light of the nature, location, area, use situation, use value after the division, etc. of the co-owner's share.

(2) The Plaintiff and the Defendant wish to get the same branch of the instant land divided into two parts (see, e.g., Supreme Court Decision 2009Da40219, 40226, Sept. 10, 2009). The Plaintiff and the Defendant wish to get the same branch of the instant land. In order to divide each of the instant real estate in kind into two parts, a reasonable partition should be made with materials that can estimate the location and economic value of each of the instant real estate, such as its form and surrounding land and road conditions. According to the inquiry reply to the fact inquiry about the branch of the Korea Land and Land Information Corporation, according to the fact inquiry regarding the branch of the Korea Land and Land Information Corporation, the instant land cannot perform a technical cadastral survey.