1. The remainder of the amount calculated by deducting the auction expenses from the proceeds by selling the forest land of 9256 square meters in Gangwon-do I to an auction.

1. Basic facts

A. The Plaintiff and the Defendants share the instant real estate at a rate of 4628/9256, 327/3256, 1324/3256, 331/3256, 332/9256, 992/9256, 331/9256, 331/10, 9256, 331/10, 9256, 99256/10, and 99256 shares.

B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant real estate, which is public property, until the closing date of the instant argument.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. The facts that the Plaintiff and the Defendants did not reach an agreement on the method of partition of the instant real estate, which is jointly owned, are as seen earlier. Since no special agreement exists between the Plaintiff and the Defendants prohibiting partition of co-owned property, the Plaintiff may seek partition of co-owned property against the Defendants based on co-ownership right.

B. 1) In a lawsuit for partition of co-owned property, the court shall order the division according to the share ratio in a reasonable manner, comprehensively taking into account the co-ownership relation or all the circumstances of the property which is the object thereof. Here, the share ratio refers to the share ratio, in principle, if the form, location, use or economic value of the object to be partitioned is not equal, in principle, the economic value is adjusted according to the share ratio.

In addition, the method of partition of co-owned property by judgment shall be, in principle, divided in kind as long as it is possible to make a reasonable partition according to the share of each co-owner, or if it is impossible to divide in kind in kind or if the value is likely to be significantly reduced if it is made in kind, an auction may be ordered to divide in kind.