1. The remaining amount after deducting the auction expenses from the proceeds of the sale, which is put up for an auction of 3,680 square meters of D forest land in Chungcheongnam-si.

1. Basic facts

A. The Defendant and Nonparty E shared 1/2 shares of 6,746 square meters of D forest land in Chungcheongnam-si, Chungcheongnam-si (hereinafter “land before subdivision”). However, as E’s debt incurred therefrom, E’s share (1/2) out of the land before subdivision was awarded to Nonparty F on June 12, 2007, the registration of transfer of ownership in F’s name was completed on July 4, 2007 for one-half share of land before subdivision.

B. Since the subdivision, the land before the subdivision was divided into 3,680 square meters of D forest land (hereinafter “instant land”), 2,974 square meters of G forest land in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and 92 square meters of H forest land in Chungcheongnam-si, and among which 2,974 square meters of G forest land in Chungcheong-si were 2,873 square meters of land in Chungcheongnam-si as of registration conversion and division.

C. On the other hand, as to the Defendant’s share (1/2) in the area of 2,873 square meters of I Miscellaneous land in Chungcheongnam-si, the ownership transfer registration was completed on July 15, 2009, which was based on the partition of co-owned property on July 7, 2009.

Since then, around March 12, 2018, F entered into a sales contract with the Plaintiff to sell F’s shares (1/2) out of the instant land in KRW 100,000 (hereinafter “instant sales contract”) with the Plaintiff.

On the same day, the Plaintiff paid KRW 101,00,000 in total, including KRW 40,000,000 in the account under the name of Nonparty J, which was designated by F, and KRW 61,00,000 in the account under the name of Nonparty K, and on March 13, 2018, the registration of ownership transfer (No. 12104, the receipt of Cheongju District Court Assistance, hereinafter “the registration of ownership transfer”) was completed for 1/2 of the instant land in the name of the Plaintiff.

E. Until now, there was no partition agreement between the Plaintiff and the Defendant on the instant land, and there was no partition prohibition agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 7, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. As of the occurrence of the claim for partition of co-owned property, the Plaintiff’s share 1/2 and the Defendant’s share 1/2.