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1. The judgment of the court of first instance is modified as follows.
6,507 square meters of forest E-Gun in Chungcheongnam-do shall be put up for auction and at the price.
Reasons
1. Facts of recognition;
A. The Plaintiff, the designated parties, and the succeeding intervenors of Defendant C (hereinafter referred to as “the Intervenor”), and both the Defendants, the designated parties, and the succeeding intervenors of Defendant C were co-owners of the forest E in Gyeong-gun, Gyeongnam-do (hereinafter referred to as “the Defendant’s side”) 6,507 square meters (hereinafter referred to as “the forest of this case”) under the following circumstances, and their co-ownership share is 1/5, respectively.
1) On October 12, 1990, the deceased F completed the registration of ownership transfer on the instant forest land by the Changwon District Court’s Busan District Court’s Office of Registry No. 6466, Oct. 12, 1990. 2) The Defendant, the heir of the deceased F, A and G, C, and H completed the registration of ownership transfer on April 24, 2014 with respect to each of 1/5 shares of the instant forest land, as the receipt of No. 5453, Apr. 24, 2014; and February 19, 2007, for inheritance.
3) On September 21, 2015, the SelectionD donated 1/5 shares of the instant forest from G, and completed the share transfer registration under the receipt of No. 14685, Oct. 19, 2015. (4) On June 16, 2016, the Plaintiff acquired 1/5 shares of the instant forest from H from the public sale, and completed the share transfer registration under the receipt of No. 9000, Jun. 23, 2016, by acquiring 1/5 shares of the instant forest from the public sale.
5) On November 25, 2016, the Intervenor received 1/5 shares of the instant forest from C, and completed the share transfer registration under Article 18023 of the same registry office on December 7, 2016. B. Of the instant forest land, the attached appraisal in the attached Form No. 35 through 45, and 35 square meters connected each of the items in sequence, among the forest land in this case, there is a grave of MaI, who is the shipbuilding of the Defendants and I, and there is a grave of Mak K, who is one of the Defendants, and the attached appraisal in the attached Form No. 52,53, 44, 54, 55, 47, and 48 through 52 connected each of the items in the attached Form No. 52, the appraisal in the attached Form No. 1,224 square meters and the appraisal in the attached Form No. 56 (7) of the same registry office on December 7, 2016.