1. The plaintiffs are the plaintiffs with the remaining money which is sold by auction a 9,703 square meters of Pyeongtaek-si AB forest and deducted the auction expenses from the price.

Facts of recognition

A. On November 20, 1978, the ownership transfer registration was completed on November 20, 1978 with respect to the portion of 750.4/10, among the 9,703 square meters of forests and fields AB (hereinafter “instant real estate”).

(61.16 shares at the time are owned by AD and the remainder was owned by AE).(b)

AE sold the instant real estate ownership shares by dividing them into partial shares, and according to each owner’s pre-sale and pre-sale, the Plaintiffs and the Defendants (including Defendant Y and Z acquisition intervenors, and hereinafter the same shall apply) share the instant real estate in proportion to each co-ownership share listed in the separate sheet.

C. There is no special personal relationship between the Plaintiffs and the Defendants, and it is also impossible to negotiate on dividing the instant real estate into a specific form.

[Ground for recognition: The facts without dispute: Gap evidence Nos. 2, 3, and 7; the purport of the whole pleadings] The plaintiffs sought a division of the real estate of this case jointly owned by the plaintiffs and the defendants as the lawsuit of this case. In light of the circumstances leading up to the sharing of the real estate of this case as seen above, the relationship between the plaintiffs and the defendants, and the form of the real estate of this case and the relation of shares, etc., it is reasonable to deem that the real estate of this case should be distributed in accordance with their respective shares of the plaintiffs and the defendants (the plaintiffs asserted that the shares of the defendant V association should be excluded since the shares of the defendant V association should be cancelled. According to the evidence No. 4 of this case, the waiver of co-ownership shares is effective since the defendant V association prepared a certificate of waiver of shares to waive the shares of the real estate of this case, but it is true that the change in real rights pursuant to the waiver of shares takes effect (see, e.g., Supreme Court Decision 2015Da52978, Oct. 27, 2016).