1. The amount remaining after selling 13,311 square meters of forest E in Chungcheongnam-gun, Chungcheongnam-do to an auction shall be the remainder after deducting the auction expenses from the proceeds thereof;

1. In fact, the Plaintiff and the Defendants share 13,311 square meters of forest E-Gun in Gyeongnam-gun (hereinafter “instant real estate”) in proportion to co-ownership shares.

There was no agreement between the Plaintiff and the Defendants on the method of dividing the instant real estate.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 3 (including each number), and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the above facts of recognition, the Plaintiff, a co-owner of the instant real estate, and the Defendants did not reach an agreement on the method of partition. Therefore, the Plaintiff, a co-owner of the instant real estate, may file a claim against the Defendants, who are other co-owners of the instant real estate pursuant to Article 269(1) of the Civil Act

(b) The method of partition of co-owned property, if the partition in kind is in principle or in kind, or if it is impossible to divide in kind or in kind, or if the value thereof is apprehended to be reduced, the court may order an auction of the co-owned property to pay it in lot;

(2) On the other hand, Article 269(2) of the Civil Act provides that the Plaintiff is seeking the auction division of the instant real estate, and the Defendants do not raise any objection thereto. In full view of the fact that the instant real estate is an area where the development and use of the instant real estate can be restricted under the relevant laws and regulations, and that it is difficult to fairly divide the instant real estate in kind by reflecting the interests of the Plaintiff and the Defendants in light of its location and form, the instant real estate constitutes a case where it is difficult or inappropriate to divide the instant real estate in kind, and thus, it is judged that it is fair and reasonable to fairly and reasonably divide the amount remaining after deducting the auction expenses from the proceeds thereof from the auction, and distribute the

3. If so, upon the Plaintiff’s request, the instant real estate is considered as above.