1. The amount of 143,702 square meters of C forest land in Chungcheongnam-si, Chungcheongnam-do shall be put to an auction and the auction expenses shall be deducted from the price.

1. According to the purport of Gap's evidence Nos. 1 and 2 as well as the whole pleadings, the plaintiff acquired a total of 143,097/143,702 shares among the total of 143,000 square meters of land C, Chungcheongnam-do and Chungcheongnam-do in the auction procedure for real estate rent of each real estate on June 9, 2010 and April 4, 2011 (hereinafter "the forest of this case"), and the defendant acquired 605/143,702 shares among the real estate of this case in the compulsory auction procedure for real estate auction on May 3, 2007, and currently shared the forest of this case at the above share ratio, and it is recognized that the plaintiff and the defendant did not reach an agreement on the method of division of the forest of this case until the closing of argument of this case.

A co-owner may demand a partition of the co-owned property, and if an agreement as to the method of partition of the co-owned property is not reached, the court may demand a partition thereof (Article 268 and Article 269 of the Civil Act). Thus, the plaintiff may demand the defendant, who is another co-owner, to divide the forest land of this case

2. In principle, partition of co-owned property by a judgment on the method of partition shall be made in kind as long as a rational partition can be made according to the shares of each co-owner. However, if it is impossible to divide in kind or it is possible in form, if the price might be reduced remarkably due to such impossibility, the court may order the auction of the co-owned property to divide the co-owned property by the so-called price partition.

(Article 269(2) of the Civil Act. The requirement that “shall not be divided in kind” is not physically strict interpretation, but includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, use situation, use value, etc. of the article jointly owned in question in light of the nature, location, and use value after the division.

(1) The following circumstances are acknowledged based on the facts recognized and the purport of the entire pleading (see, e.g., Supreme Court Decision 2002Da4580, Apr. 12, 2002). The area of the forest of this case, i.e., the area of the forest of this case,