1. The real estate listed in the separate sheet is put to an auction and remains after deducting the expenses for the auction from the proceeds of the auction;

1. Basic facts

A. The Plaintiff and the Defendants shared 1/4 shares of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

B. No agreement was reached between the Plaintiff and the Defendants regarding the method of dividing each of the instant real estate until the closing date of the instant argument.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Plaintiff, a co-owner of each real estate of this case, may claim the division of each real estate of this case against the Defendants, who are other co-owners, pursuant to Article 269(1) of the Civil Act

B. In principle, the partition of co-owned property by judgment shall be made by the method of in-kind division as long as a reasonable partition can be made according to the shares of each co-owner. However, even if it is impossible in-kind or possible in-kind, if the price might be reduced remarkably due to the auction of the co-owned property, the so-called price division shall be made by ordering the auction of the co-owned property and by dividing the price. However, in the price division, the requirement that "it may not be divided in-kind" is not physically strict interpretation. It includes cases where it is difficult or inappropriate to divide in-kind division in light of the nature, location, area, use situation of the co-owned property, use value after the

I would like to say.

(2) In light of the above legal principles, each real estate of this case is difficult or inappropriate to divide in kind, given that the real estate of this case is a forest that is not adjacent to a public road, the form and purpose of each real estate of this case is difficult to draw a spot subdivision with the consent of the parties in light of the following circumstances: (a) the real estate of this case is a forest that is not adjacent to a public road; and (b) the type and purpose of each real estate of this case; and (c) the possibility of future use.