1. The plaintiff and the plaintiff who sold W forest land 6,587 square meters to an auction and deducted the auction expenses from the price.

1. Fact-finding;

A. The Plaintiff and the Defendants (including the designated parties) owned 6,587 square meters of W forest land (hereinafter “the instant forest”) in proportion to the co-ownership share indicated in the separate sheet. The Plaintiff acquired the shares of X 5,257/6,587 of the said forest land due to voluntary auction on April 26, 2006.

B. Defendant P, C, N, F, J, and Defendant Selection Party (hereinafter “Defendant”) purchased specific parts of the forest of this case for the purpose of using it as a line grave, but completed the registration of transfer of each co-ownership share as indicated in the separate sheet, without the partition registration.

C. The forest of this case is currently above B.

A grave, including a grave established and managed by the Defendants, is scattered in the attached Form.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence 1, 2, Eul evidence 1, 2, Eul evidence 1, 2, Eul evidence 1, the result of survey and appraisal, the purport of the whole pleadings

2. Determination

(a) Co-owners of the real estate for the purport and provision of the Civil Act as to the right to claim partition of co-owned property may claim a partition of the co-owned property (Article 268(1)), and in a case where the agreement on the method of partition has not been reached, co-owners may request a court for partition, and in a case where it is impossible to divide in kind in kind or the value thereof might be reduced remarkably due to such partition, the

(Article 269) Therefore, the method of partition of co-owned property by trial may be, in principle, divided in kind as far 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 or in kind or it is possible to divide in kind, if the value might be significantly reduced, an auction may be ordered to divide in kind.

The requirement that "shall not be divided in kind" is not physically strict, but physically strict, such as the nature, location and size of the article jointly owned, the situation of use, and the use value after the division.