1. The sale price shall be calculated by selling the 5,727 square meters of the forest land in Yongsan-gu, Changwon-si and deducting the expenses for the auction from the sale price; and

1. Judgment on the claim for partition of co-owned property

A. In full view of the purport of the entire pleadings in evidence Nos. 1 and 2 as to the claim for partition of co-owned property, the plaintiff and the defendant can recognize the fact that they are co-owners holding 1/2 shares of the land of this case, and the plaintiff and the defendant did not reach an agreement on the method of partition of the land of this case, it is obvious that

Therefore, pursuant to Article 269(1) of the Civil Act, the Plaintiff, a co-owner of the instant land, has the right to claim the partition of the instant land against the Defendant, who is another co-owner.

B. As a matter of principle, partition of co-owned property according to the relevant legal principles is to be divided in kind as far as it is possible to make a reasonable partition according to each co-owner’s share (see, e.g., Supreme Court Decision 2002Da4580, Apr. 12, 2002). However, if it is impossible to divide in kind or in kind or if the value thereof is likely to be significantly reduced if it is not divided in kind, an auction of the co-owned property may be ordered (Article 269(2) of the Civil Act). Here, the requirement that “undivided in kind” includes not only cases where it is physically impossible to divide, but also cases where it is difficult or inappropriate to divide in kind in light of the nature, location, and size of the co-owned property, and the use value after the division (see, e.g., Supreme Court Decision 2013Da56297, Dec. 10, 2015). 202>