1. The Plaintiff: (a) put the H forest 91,041m2 at an auction to the auction and deduct the auction cost from the price.

1. Facts of recognition;

A. The Plaintiff and the Defendants shared the forest land of this case as 1/6 shares.

B. No agreement was reached between the Plaintiff and the Defendants on the method of dividing the forest of this case until the date of closing the argument in this case.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 and 2, purport of the whole pleadings]

2. Determination

A. (1) According to the above facts of recognition, the Plaintiff may request the Defendants to divide the forest land of this case based on his co-ownership share.

(2) As to this, Defendant D and F claimed a partition of co-owned property of this case after the Plaintiff acquired a part of the forest land of this case through the auction procedure, it constitutes abuse of rights in violation of the good faith principle since it abused the co-ownership system, auction system, and co-owned property partition system. However, the above defendants' claim for partition of co-owned property of this case is difficult to view it as abuse of rights due to

Defendant D and F also asserted that there was a special agreement prohibiting the division of the forest of this case between the Defendants and I who were the owners of shares in the transfer, but there is no evidence to acknowledge this. Thus, the above Defendants’ assertion is without merit.

(b) If the co-owned property is divided by a trial, in principle, by dividing it in kind or in kind, or if it is impossible to divide it in kind or in kind, or if the value thereof is apprehended to be significantly reduced, an auction of the co-owned property may be ordered to be paid in installments.

Here, the requirement of "undivided in kind" includes cases where it is physically impossible to divide the article in kind, as well as cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, current use, value of use after the division.

In addition, the value of the division, if any, is made in kind.