1.Mansan Do forest 54.

1. On May 13, 1971, the Plaintiff and E completed the registration of transfer of 1/3 shares on the ground of sale and purchase on August 10, 1967 with respect to D forest land 54,347 square meters (hereinafter “the forest of this case”) in Busan-si on May 13, 197 (hereinafter “the forest of this case”), the F completed the registration of transfer on November 24, 1989 with respect to the whole shares of E out of the forest of this case on November 25, 1989; however, the F died on October 9, 2001 and the Defendant was the sole heir of F; there was no agreement between the Plaintiffs and F and the Defendant on the prohibition of partition of common property; and the fact that consultation on the division of common property was not reached pursuant to the purport of the entire arguments and evidence Nos. 1 and 2.

Therefore, the Plaintiffs may claim for the division of co-ownership against the Defendant, who is another co-owner based on the co-ownership right.

2. In principle, the method of partition of the article jointly owned by the trial is to be divided in kind as long as the article jointly owned can be divided in accordance with the share of each co-owner. However, the requirement of “undivided in kind” is not physically strict interpretation, but it 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 article jointly owned, its use value, etc.

(2) The court below held that the defendant's share in the forest of this case was registered in the Daegu District Court No. 26451, Dec. 30, 1992; No. 6521, Mar. 17, 1994; and No. 14048, Apr. 26, 1995; the △△△△ completed the registration of creation of a neighboring mortgage among the forest of this case; the Gu of Seoul Special Metropolitan City as to the defendant's share in the forest of this case; the Republic of Korea completed the registration of seizure on Apr. 27, 1998; the Republic of Korea divided the forest of this case into △△△△△△△△, etc., into ownership of the plaintiffs.