1. The remainder of the amount calculated by deducting the expenses for the auction from the proceeds of the sale from the sale by selling it to the auction of 79,934 square meters in the Namyang-si.

1. Basic facts

A. The Plaintiff and the Defendants shared the forest land listed in paragraph (1) of this case (hereinafter “instant forest land”) in proportion to the shares of each co-owner in the annexed sheet.

B. No agreement was reached between the Plaintiff and the Defendants on the method of dividing the forest of this case until the date of closing the argument in this case.

【Evidence A No. 1 and the purport of the whole pleadings】

2. Determination

A. According to the above facts of recognition, there is no special circumstance such as the agreement prohibiting the partition of the forest of this case. Thus, the plaintiff can claim the division of the forest of this case against the defendants.

B. Division of an article jointly owned by a method of partition may be selected at will if the parties concerned reach an agreement, but if the article jointly owned is divided by a trial due to the failure to reach an agreement, the court shall, in principle, divide it in kind. If it is impossible to divide it in kind or it is possible to divide it in kind, the court may order the auction of the article only when the value might be reduced remarkably.

(Article 269 of the Civil Code: Provided, That the requirement that "it shall not be divided in kind" in the payment shall not be physically strict interpretation, but shall include cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, use situation, use value after the division, etc. of the article jointly owned in kind.

In addition, it includes the case where the value of the portion to be owned independently by the co-owner is likely to be significantly reduced if it is divided in kind, and the value of the portion to be owned independently by the co-owner may be significantly reduced compared to the value of the share before the division, even if the co-owner is a person.

Therefore, even if it is possible to divide in kind formally, the location, area and surrounding road conditions, use value, price, share ratio of co-owners and use and profit-making status of co-owners.