1. The amount remaining after selling the 15372 square meters of forest D in the Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City for auction to be obtained by deducting the auction expenses from the price.

1. Basic facts

A. The Plaintiff and the Defendants owned 15372m2 (hereinafter “instant land”) at each 1/3 ratio of 1/3 of the forest land in Chungcheongnam-gu, Chungcheongnam-gu, Seoul Metropolitan City.

On September 13, 2006, the Plaintiff acquired shares of the above land by compulsory auction.

B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant land.

【Ground for Recognition: Facts without dispute, Gap evidence, and the purport of the whole pleadings】

2. Determination

A. According to the facts established as above, the Plaintiff, one of the co-owners of the instant land, may claim a partition of co-owned property against the Defendants, who are other co-owners, barring special circumstances. As such, the agreement with the Defendants on the method of partition of co-owned property did not have been reached, the Plaintiff may claim a partition of the instant land against the Defendants, who are co-owners.

B. Co-owned property partition by one trial on the method of partition shall be divided in kind, in principle, or even if it is possible in kind, if the price is likely to decrease substantially as a result, the auction of the co-owned property shall be ordered, and if the price is likely to decrease substantially. In this context, the exchange value of the whole co-owned property shall be considerably reduced due to the in-kind division, as well as the case where the value of the whole co-owned property is significantly reduced considerably than the share value before the co-owner's co-owned property division, even if the co-owned property is not divided in kind. Thus, even if it is possible in kind, it shall include the location, area and surrounding circumstances of the co-owned property, use value, share ratio of co-owner's share, and the current status of co-owner's share ownership and profit-making.