1. The remainder of the amount calculated by deducting the auction cost from the proceeds by selling the 826 square meters of the Do forest in Northern-gu, Northern-gu, Pohang-si.

1. On May 18, 201, Defendant C completed the registration of ownership transfer based on the sale on the same day with respect to the portion of 165/826 square meters out of 826 square meters (hereinafter “instant forest”).

On June 1, 2011, the Plaintiff completed the registration of ownership transfer based on sale on the same day with respect to shares 165/826 out of the forest of this case.

On October 22, 2015, Defendant B completed the registration of ownership transfer on the share of 496/826 out of the forest of this case through the public sale procedure of Korea Asset Management Corporation.

Ultimately, the forest land of this case is owned by the Plaintiff, Defendant C, and Defendant B owned each share of 165/826, and Defendant B owned each share of 496/826.

Until the closing date of the instant case, the Plaintiff and the Defendants did not reach an agreement on the division method of the instant forest.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged, the Plaintiff, a co-owner of the forest of this case, may file a claim for partition of the forest of this case with the Defendants, who are other co-owners, pursuant to Article 269(1) of the Civil Act.

B. Co-owned property partition according to a judgment on the method of partition shall be made by the method of in-kind division, or by the method of so-called payment division, which orders an auction of the co-owned property if the price may be reduced remarkably, even if it is impossible or possible in-kind division is possible in the form.

(See Supreme Court Decision 92Da30603 delivered on January 19, 1993, etc.). In full view of the following circumstances, the minimum partitioned area under the relevant laws regarding the forest of this case is 330 square meters, i.e., the method of payment in kind, the Plaintiff’s share sales, and the Defendant B’s share sales.