1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in the entries in Gap evidence 1, Eul evidence 2, together with the whole purport of the pleadings.

The share of 1652.9/63,669 square meters of D forest land was owned by E, and the remaining shares were owned by F. However, around January 12, 1987, the part of 3,721 square meters of land was divided into G forest land, and 2,096 square meters of land into C forest land.

B. As above, on January 12, 1987, the 443.1/2096 shares of the land jointly owned were owned by F, and the remaining 1652.9/2096 shares were owned by E, and each ownership transfer registration was made as owned by E, and on October 25, 1996, the area of 13 square meters of the land was reduced to 2,083 square meters as the area was divided into H forests and fields.

(hereinafter “instant land”). C.

E on December 9, 1994, on the part of the land of this case, the registration of ownership transfer was completed for 1652.9 percent of the land of this case due to sale. D.

F on July 10, 1995, the F completed the registration of ownership transfer for shares 443.1 percent of the land of this case on the ground of sale, and I completed the registration of ownership transfer for the defendant on May 9, 2001.

2. The assertion and judgment

A. The summary of the parties’ assertion (1) Since there is no partition agreement between the Plaintiff and the Defendant on the land of this case, the Plaintiff and the Defendant shall be held to sell the land of this case by auction and distribute the amount to be actually distributed according to their respective shares.

(2) The Plaintiff and Defendant I, according to their respective shares on April 13, 2001, share of each of the instant land, are owned by the Plaintiff on the part 1,643 square meters of “A” (hereinafter referred to as “A” only) connected in sequence with each of the points of the diversity, cream, b, 1, 5, 6, 7, and 43 square meters of the instant land (hereinafter referred to as “A”), and each of the said drawings 1, 2, 3, 8, 9, 10, 10, 1 and 1.