1. The money remaining after selling 54,347 square meters of forest C in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, for auction and deducting the expenses for auction from the proceeds of sale;

1. The Plaintiff and the Defendant own 1/2 shares each of the instant forests and fields C, 54,347 square meters (hereinafter “instant forest”).

There was no agreement between the Plaintiff and the Defendant on the method of dividing the forest of this case.

[Grounds for Recognition] deemed confession (Article 150 (3) of the Civil Procedure Act)

2. Determination

A. According to the facts acknowledged as above, the Plaintiff, a co-owner of the forest of this case, may file a claim for partition against the Defendant, who is another co-owner, pursuant to Article 269(1) of the Civil Act.

B. In the case of dividing the jointly-owned property through a judgment on the method of partition of co-owned property, if it is impossible to divide it in kind or if it is apprehended to substantially decrease the value thereof, the auction of the property may be ordered to divide it in kind. Here, the requirement of "shall not be divided in kind" is not physically strict interpretation, but physically strict interpretation is not to include the case where it is difficult or inappropriate to divide it in kind in light of the nature, location, size, situation of use and use value after the division.

The phrase "if the value of the portion is likely to be reduced significantly if it is divided in kind" includes the case where, even if a co-owner is a person, the value of the portion to be owned by him/her is likely to be reduced significantly than the value of the share before the division.

(See Supreme Court Decision 2009Da40219, 40226 Decided September 10, 2009). In light of the nature, location, area, situation of use, and the use value after division, etc. of the forest of this case known by comprehensively considering the respective entries and arguments in subparagraphs 1 through 5, the instant case constitutes a case where it is difficult or inappropriate to divide the forest of this case in kind. Thus, the instant case constitutes a case where it is difficult or inappropriate to divide the forest of this case in kind, and the amount remaining after deducting the auction expense from the sale price is distributed one half each to the Plaintiff and the Defendant.