1. The amount remaining after selling the 1,785 square meters of H forest in Ansan-si to an auction and deducting the auction expenses from the price.

Basic Facts

A. As to the third/7 shares of the instant land, the registration of ownership transfer has been completed in the future of Defendant B, C, D, and network I with respect to each one/7 shares of the instant land.

However, as the network I died on September 29, 2016, Defendant E, F, and G jointly inherited the network I.

B. Although the Plaintiff demanded the Defendants to divide the instant land, the Plaintiff did not reach an agreement on division.

[Reasons for Recognition] Fact-finding, Gap evidence Nos. 1 through 4, and the existence of a claim for partition of co-owned property, which determined the purport of the entire pleadings, can be claimed against the defendants, who are other co-owners of the land of this case, for partition of co-owned property of this case.

In cases of dividing jointly-owned property through a trial, in principle, it is possible to divide the jointly-owned property in kind as long as it can be reasonably divided according to the share of each co-owner. However, if it is impossible to divide the jointly-owned property in kind or if the value of the property is likely to be significantly reduced, the auction of the property may be ordered. Here, the requirement of “undivided in kind” is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, use situation, and use value after the division, etc. of the property (see, e.g., Supreme Court Decisions 2002Da4580, Apr. 12, 2002; 2009Da40219, 4026, Sept. 10, 2009).