1. Revocation of the first instance judgment.

2. The cost of selling the forest land of Pyeongtaek-si at auction and selling it at auction.

1. Facts of recognition;

A. On June 5, 2015, the Plaintiffs acquired 13/80 shares among the co-ownership shares of the instant forest in the procedure of the auction of N real estate located in the Suwon District Court of Suwon District, and completed the registration of ownership transfer.

B. At present, the Plaintiffs and the Defendants own the instant forest in proportion to the shares indicated in the separate sheet of co-ownership.

C. After acquiring shares in the instant forest land, the Plaintiffs and the Defendants did not reach a separate agreement so far.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. 1) Co-owners may claim the partition of co-owned property, and if the agreement on the method of partition of co-owned property has not been reached, a co-owner may claim the partition to the court (see Articles 268 and 269 of the Civil Act). According to the above facts of recognition, the Plaintiffs and the Defendants are co-owners of the forest of this case, and the agreement on the method of partition between the Plaintiffs and the Defendants was not reached. Thus, the Plaintiffs may claim the partition of the forest of this case against the Defendants, who are other co-owners.

3. Defendant 4-8 asserts that the claim for partition of co-owned property is impossible because the forest of this case is owned in the form of co-ownership of partitioned ownership.

In the so-called sectional co-ownership relationship in which two or more persons agree to specify the location and area of one parcel of land as sectional ownership and they register as co-ownership of that sectional owner. Each sectional co-owner disposes of his/her right to another person, there may be cases where he/she disposes of a specific part which is the object of sectional ownership, transfers his/her co-ownership on the register as a table for the specific part, and disposes of his/her co-ownership as a true co-ownership for the entire parcel of land as recorded in the register, and in the case of the former,