1. The plaintiff shall sell the E Forest land 12,828 square meters to an auction in Macheon-si and deduct the auction expenses from the auction proceeds.

1. Basic facts

A. As of the date of the closing of argument in this case, the Plaintiff and the Defendants shared 1/4 shares of E forest land E 12,828 square meters (hereinafter “instant land”).

B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant land by the date of closing the argument in the instant case.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged, the Plaintiff, a co-owner of the land of this case, may file a claim for partition of the land of this case against the Defendants, who are other co-owners, pursuant to Articles 268(1) and 269(1) of the Civil Act.

B. In the case of dividing the co-owned property through a trial, in principle, dividing it in kind, or in the case of dividing it in kind, if it is impossible or if it is apprehended that the value will decrease remarkably, an auction of the co-owned property may be ordered. Here, the requirement is not physically strict interpretation, but physically strict. It includes cases where it is difficult or inappropriate to divide it in kind in light of the nature, location, area, utilization situation, use value after the division, etc. of the co-owned property, and it includes cases where it is difficult or inappropriate to conduct the in-kind division in the light of the nature of the co-owned property, location, and use value after the division." It includes cases where, even if the co-owner made the in-kind division, the value of the part to be owned independently by the in-kind division might decrease significantly more than the share value before the division (see, e.g., Supreme Court Decision 2009Da40219, 4026, Sept. 10, 2009).