1. The amount remaining after selling 103,537 square meters of forests and fieldsO in Chungcheongnam-gun, Chungcheongnam-gun, and deducting the auction expenses from the proceeds thereof;

1. The Plaintiff owns 1/2 shares among 103,537 square meters of forest land in Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”). The Defendants own each share of the instant land as indicated in the separate sheet of shares.

There is no partition prohibition agreement between the Plaintiff and the Defendants on the land of this case, and no agreement on the partition method of the land of this case has been reached until the date of closing the argument of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. According to the above acknowledged facts, the Plaintiff, a co-owner of the land 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. In principle, partition of co-owned property in kind can be divided in accordance with each co-owner's share. However, even if it is impossible in kind or it is possible in form, if the value of the co-owned property might be significantly reduced, the so-called price division can be made in kind by ordering the auction of the co-owned property, but in payment division cannot be made in kind. It does not 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, use value after the division, etc. of the co-owner's share, and it also includes cases where it is difficult or inappropriate to divide the co-owner's share in kind, and even if the co-owner's share in kind might remarkably decrease the value of the share before the division (see, e.g., Supreme Court Decision 200Da4282, Apr. 12, 202).