1. The Plaintiff shall sell the F forest land at auction at the time of Jinjin-si and the remainder of the money obtained by deducting the auction cost from the price.

1. Determination as to Defendant B and Defendant D’s Intervenor E

A. Comprehensively taking account of the overall purport of the pleadings as to the evidence evidence Nos. 1 through 3, the Defendants, D, and G acquired ownership of each of the instant land on January 19, 2005, the Plaintiff sold G’s share in the public sale on January 14, 2019, and the Intervenor transferred D’s share on September 19, 2019, and the fact that the agreement on partition of co-owned property as to the instant land was not concluded between the aforementioned parties.

Therefore, the Plaintiff, a co-owner of the land of this case, may claim a partition of co-owned property against the remaining co-owners pursuant to Article 269(1) of the Civil Act.

B. In addition, according to the above macroscopic evidence, the instant land is not a forest and field, and there is a grave for Defendant B and the acquiring intervenor. Considering these facts, it is difficult or inappropriate to seek fair division among co-owners while maintaining the utility value of the instant land in kind.

Considering the circumstances above (see Supreme Court Decision 2002Da4580, Apr. 12, 2002). It is the most equitable and reasonable method to sell the land of this case at auction and distribute the remaining amount after deducting the auction cost from the price to co-owners according to the share sharing ratio.

C. Therefore, it is decided as per Disposition by selling the instant land to auction and by deciding to pay the price in installments.

2. Determination as to Defendant C

(a) Indication: Claim for partition of co-owned property as to the immovables listed in paragraph (1);

(b) Grounds for recognition: Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);