The plaintiff and the plaintiff shall sell 5,950 square meters of forest C, Nam-si, to auction and deduct the auction cost from the sale price.

1. The Plaintiff and the Defendant shared 5,950 square meters of forests and fields C (hereinafter “instant real estate”) in terms of 1/2 shares in Namwon-si.

There is no agreement between the plaintiff and the defendant to prohibit the division of the real estate of this case, and as of the closing date of the pleadings of this case, there is no agreement to divide the real estate of this case.

[Reasons for Recognition] Unsatisfy, Gap 1 and 2 evidence, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the agreement between the Plaintiff and the Defendant, the co-owner of the instant real estate, was not constituted regarding the method of partition of the instant real estate. Therefore, the Plaintiff may file a claim for partition of co-owned property in the court pursuant to Article 269(1) of the

B. In addition to the facts acknowledged earlier, if both the Plaintiff and the Defendant want to sell the instant real estate to an auction and to receive a share of co-ownership, it is reasonable to sell the instant real estate to an auction and distribute the remainder after deducting the auction cost from the sale price to the Plaintiff and the Defendant according to their respective shares of shares.

C. Therefore, the instant real estate is jointly owned and divided in such a way as above.