1. The amount remaining after 1,915 square meters of G forest shall be put to an auction at Yangju-si and the auction expenses shall be deducted from the proceeds thereof;

1. Co-owned property partition claim

A. Facts of recognition 1) Plaintiff (Appointed Party; hereinafter “Plaintiff”) is limited to Plaintiff (Appointed Party; hereinafter “Plaintiff”).

2) The Defendants, H, and C, each of which is the Plaintiff’s forest G 1,915 square meters (hereinafter “instant real estate”).

(2) There is no agreement on the method of dividing the pertinent real estate, which is jointly owned by the Plaintiff, Appointor H, and Defendants, until the date of closing argument in the instant case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers for those with branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

B. According to the above facts finding as to the Plaintiff’s claim for partition of co-owned property, since the agreement on the method of partition of the instant real estate, which is jointly owned by the Plaintiff, Appointer H, and the Defendants, was not reached, the Plaintiff may file a claim against the Defendants, who are other co-owners

2. In principle, division of co-owned property by judgment on the method of partition of co-owned property shall be conducted in kind as long as it is possible to make a reasonable partition according to the share of each co-owner. However, in exceptional payment, the requirement that “it may not be divided in kind” is not physically strict interpretation. It includes cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location, size, use situation, use value after the partition, etc. of the co-owner

in the case of a co-owner's sole ownership of the portion to be owned in kind, including the case where the value of the portion to be owned by the sole owner might be significantly reduced than the value of the ownership before the division, even if the co-owner's property is divided in kind.

(See Supreme Court Decision 2002Da4580, Apr. 12, 2002, etc.). In light of the location, area, and utilization of the instant real estate, the Plaintiff, Appointor H, and the Defendants.