1. The money remaining after deducting the auction cost from the price shall be put up for auction by selling 165,492 square meters of forest land B in Gwangju City.

1. Basic facts

A. The Plaintiff and the Defendants shared share of 165,492 square meters of B forest land in Gwangju-si (hereinafter “instant forest”) in proportion to each pertinent co-ownership share in the attached real estate share.

B. Of the instant forest land, the registration of seizure in the name of the Republic of Korea (hereinafter “Disposition Office”) on November 16, 2015, and the registration of seizure in the name of Gangnam-gu Seoul Metropolitan Government on May 19, 2016, among the forest land in this case, was completed on May 19, 2016.

In addition, the attachment registration under the name of the National Health Insurance Corporation on July 13, 2017 with respect to the shares 331/165,492 in the forest of this case owned by Defendant C among the forest of this case (attached Form 94), and the provisional attachment registration under the name of the Seoul Credit Guarantee Foundation on November 8, 2017 with respect to shares 331/165,492 owned by Defendant D among the forest of this case (attached Form 84), respectively, was completed.

C. The Plaintiff proposed the division of the forest of this case to the Defendants, and presented the method of in-kind division, price division, etc. as of the closing date of the pleadings of this case. However, the Defendants did not reach an agreement on the method of division because they did not oppose the division or suggest any opinion different from the method presented by the Plaintiff.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Determination as to the cause of action

A. According to the facts established prior to the occurrence of the right to partition of co-owned property, the Plaintiff, the co-owner of the instant forest, and the Defendants did not reach agreement on the method of partition. Thus, the Plaintiff has the right to partition of co-owned property as to the instant forest against the Defendants based

B. In principle, the partition of co-owned property by one trial on the method of partition of co-owned property shall be made in kind as long as a rational partition can be made according to the shares of each co-owner, but it shall be divided in kind.