1. The remainder of the amount calculated by selling the 96,298 square meters of forest Gin-gun in Seongbuk-do to an auction and deducting the auction expenses from the proceeds thereof;

1. Facts of recognition;

A. The Plaintiff, Defendant B, C, E, and F own 1/6 shares of co-ownership as to forest G 96,298 square meters (hereinafter “instant land”).

B. On February 21, 2015, the network H, who owned 1/6 co-ownership of the instant land, died and Defendant D, who is the deceased H’s child, succeeded to the said co-ownership.

C. Until the date of closing the argument in this case, consultation on the method of dividing the land in this case did not have been formed.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. Determination

A. According to the above recognition facts, the Plaintiff, a co-owner of the instant land, may file a claim for partition of the instant land against the Defendants, another co-owner, pursuant to Article 269(1) of the Civil Act.

B. According to a trial on partition of co-owned property, if the co-owned property is divided in kind, in principle, if it is impossible to divide in kind or if the value of the co-owned property is likely to substantially decline, an auction of the co-owned property may be ordered. Here, the requirement includes cases where it is physically impossible to divide the co-owned property, and where it is difficult or inappropriate to divide it in kind in light of the nature, location or size of the co-owned property, the situation of its use, the use value after the division, etc. In addition, the following circumstances can be acknowledged in light of the legal principles as seen earlier: (a) even if a co-owner is a person, if the value of the property to be owned by the co-owner in kind might be significantly reduced compared to the share value before the division (see, e.g., Supreme Court Decisions 92Da30603, Jan. 19, 1993; 2013Da2675, Dec. 10, 2015).