1. The amount remaining after deducting the auction expenses from the proceeds of the sale by selling the real estate listed in the attached list to an auction;

1. According to the purport of Gap's written evidence No. 1 and the entire pleadings, the plaintiff and the defendants shared the land of 2189 square meters of K forest in North-gu, Northern-gu (hereinafter "the forest of this case") at port.

A co-owner may demand a partition of the article jointly owned (main sentence of Article 268(1) of the Civil Act), and if the co-owner fails to reach an agreement on the method of partition, the co-owner may demand a court to divide the article jointly owned.

(Article 269(1) of the Civil Act. Therefore, the Plaintiff, a co-owner of the forest of this case, may request the Defendants, who are other co-owners, to divide the forest of this case.

2. In principle, partition of co-owned property according to a judgment on the method of partition of co-owned property shall be divided in kind as long as a rational partition can be made according to the shares of each co-owner, but if, even if it is impossible or possible in kind, the price of the co-owned property may be reduced remarkably due to such cause, the court may order auction of the co-owned property to divide the co-owned property by the so-called price division.

(Article 269(2) of the Civil Act. The requirement that “shall not be divided in kind” is not physically strict interpretation, but includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, use situation, use value, etc. of the article jointly owned in question in light of the nature, location, and use value after the division.

(See Supreme Court Decision 2002Da4580 delivered on April 12, 2002, etc.). Meanwhile, in the payment division, “the price of the article jointly owned is significantly reduced due to the in-kind division” means not only the exchange value of the whole jointly owned property is considerably reduced due to the in-kind division, but also the co-owners are not given fair partition, and the value of the part to be owned independently due to the in-kind division is before the partition of co-owned property.