1. The amount remaining after the amount of 41,130 square meters of forest E in the Jeonbuk-gun, Jeonbuk-gun is put to an auction and the auction expenses are deducted from the price;

1. Facts of recognition;

A. The Defendants and F completed the registration of ownership transfer with respect to shares of 1/4 shares among the forest E-1,130 square meters of forest E in Jeonbuk-gun, Jeonbuk-gun (hereinafter “instant real estate”). The Jeonju District Court’s Voluntary Registry No. 11170, Dec. 27, 2002.

B. On November 24, 2014, according to the application for a compulsory auction by Nonparty C&C Co., Ltd., the procedure for compulsory auction was commenced on November 24, 2014 with respect to F’s share of 1/4 of the instant real estate, and the Plaintiff completed the registration of share ownership transfer on November 24, 2015 as to the share of 1/4 of the instant real estate due to the sale by compulsory auction on November 22, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. Determination on the cause of the claim

A. According to the facts acknowledged above, the Plaintiff, a co-owner of the instant real estate, may file a claim for partition of the instant real estate against the Defendants, other co-owners, pursuant to Articles 268 and 269 of the Civil Act.

(The lawsuit of partition of co-owned property is a formal form of action, and the court is not bound by the application of the party for the method of partition, but cannot render a judgment of dismissal of the claim on the ground that the method of partition alleged by the plaintiff is not reasonable).

In principle, the partition of co-owned property by trial is divided in kind as long as a reasonable partition can be made according to each co-owner's share. However, the requirement that "it cannot be divided in kind" in the payment division does not physically be interpreted strictly. It includes cases where it is difficult or inappropriate to divide in kind in light of the nature, location, size, use situation, use value after the division, etc. of the co-owned property or the use value after the division (see, e.g., Supreme Court Decision 2002Da4580, Apr. 12, 2002). 2) The case returned to the instant case and health belt, and the purport of the entire pleadings in the recognition thereof can be recognized by taking into account the following circumstances.