The sale price shall be calculated by deducting the auction cost from the sale price, by selling 42,212 square meters of forest land in the wife population in Yongsan-si.

1. Judgment on the claim for partition of co-owned property

A. (1) As of the date of the closing of argument in the instant case, the Plaintiff and the Defendants owned the land of 42,212 square meters (hereinafter “instant land”) of the wife population CG forest in Young-si as of the date of the closing of argument in the instant case as of the co-owner’s share.

(2) The Plaintiff and the Defendants, co-owners, did not reach an agreement on the method of partition of the instant land.

[Ground for recognition] Unsatisfy, Gap evidence 1, the purport of the whole pleadings

B. (1) The parties’ assertion on the method of partition (1) argues that while the plaintiff seeks the division as stated in the purport of the claim, the defendants shall sell the land of this case to auction and divide the auction price according to the ratio of shares.

(2) (A) In the case of dividing an article jointly owned by a trial, if it is impossible to divide it in kind or if it is possible to divide it into money in kind, the auction of the article may be ordered, and the requirement of "shall not be divided into money in kind" is not physically strict interpretation but physically strict interpretation. It includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, utilization status, and use value after the division.

I would like to say.

(B) As to the method of subdivision applicable in the instant case (see, e.g., Supreme Court Decision 2009Da40219, 40226, Sept. 10, 2009) (b), the instant land constitutes a case where it is difficult or inappropriate to divide the instant land in kind, taking into account the following circumstances: (a) the Plaintiff and the Defendants possess minority shares; and (b) the current interest is not in conflict with each other; (b) the nature of the relevant property that may be known through the overall purport of records and pleadings; (c) the developments leading up to the ownership of the relevant parties’ shares

(C) Accordingly, the instant land is sold to auction and auction costs from the proceeds thereof.