1. The remaining amount after deducting the auction expenses from the price shall be attached to the auction sale of K forest land at the time of the fact-finding.

1. Facts of recognition;

A. The Plaintiffs and the Defendants shared 3670 square meters of K forest land at the time of Jinjin-si (hereinafter “instant real estate”) at each ratio indicated in the separate sheet of equity.

B. The Plaintiffs demanded the Defendants to divide the instant real estate, but no agreement was reached between the Plaintiffs and the Defendants on the method of division until the closing date of the instant argument.

[Ground of recognition] Class A evidence Nos. 1, 2, Eul evidence Nos. 5 and 6, and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the plaintiffs and the defendants sharing the real estate of this case did not reach agreement on the method of partition. Thus, the plaintiffs, co-owners, can file a claim against the defendants, other co-owners, for the partition of the real estate of this case.

B. In principle, partition of co-owned property based on a judgment on the method of partition of co-owned property shall be divided in kind as long as a reasonable partition can be made according to the share of each co-owner, or the requirement that it cannot be divided in kind is not physically strict interpretation, but physically strict interpretation. It includes cases where it is difficult or inappropriate to conduct partition in kind in light of the nature, location or size of the co-owned property, use situation

It includes the case where the value of the portion to be owned by a person in kind is likely to be significantly reduced if it is divided in kind, and it also includes the case where the value of the portion to be owned by a person in kind may be significantly reduced than the value of the share before the division, even if he/she is a person of a co-owner.

(See Supreme Court Decision 2002Da4580 delivered on April 12, 2002, etc.). We examine the following: (a) A majority of the co-ownership holders of the instant co-ownership rights; (b) Defendant J appears to be difficult to draw up a reasonable plan to satisfy all of the co-ownership rights; and (c) the remaining Defendants except Defendant C did not appear on the date of pleading of the instant case.