1. The remainder of the amount calculated by deducting the auction cost from the proceeds of sale by selling 4,035 square meters of the Jeju Northern-gu D Forest to auction.

1. According to the purport of Gap evidence No. 1 and the entire pleadings, the plaintiff and the defendant share the plaintiff 3770/4035 square meters of D forest land (hereinafter "the real estate of this case") in the shares of the plaintiff 3770/4035 and the defendant 265/4035 shares, and the facts that there was no agreement between the plaintiff and the defendant as to the method of dividing the real estate of this case are acknowledged.

According to this, the Plaintiff may seek co-owned property partition against the Defendant based on co-owned share of the instant real estate, barring special circumstances.

2. Where an article jointly owned is divided by a trial on the method of subdivision of the article jointly owned, if it is impossible to divide it in kind or if it is anticipated that the value thereof will be significantly reduced, an auction of the article may be ordered to be paid in installments. Here, the requirement of “undivided in kind” includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, current use, value of use after the division, etc. of the article jointly owned, and the requirement of “undivided in kind” is not physically strict interpretation.

(See Supreme Court Decision 2002Da4580 delivered on April 12, 2002). So, there is no dispute between the parties that the real estate of this case is inappropriate to divide it in kind. Thus, it is reasonable to divide the real estate of this case according to the auction division.

3. In conclusion, it is reasonable to divide the real estate of this case by the method of auction and division, and it is so decided as per Disposition.