1. The remainder of the amount calculated by deducting the auction expenses from the proceeds by selling the forest land E in Gyeonggi-gu, and then deducting the auction expenses from the proceeds;

1. Facts of recognition;

A. The Plaintiff (designated parties, hereinafter “Plaintiffs”) and the designated parties (hereinafter referred to as “Plaintiffs”) and the Defendants jointly share 679 square meters of forests and fields E in Gyeonggi-gun in proportion to their co-ownership share indicated in the attached Form (hereinafter “instant land”).

B. The instant land is included in a natural green area, and Article 22 of the “Ordinance on the Gun Planning of Pyeongtaek-gun” stipulates that the area subject to division restriction shall be at least 200 square meters in the case of partitioning land without obtaining permission, authorization, etc. under the relevant statutes within a green area.

C. No agreement was reached between the Plaintiffs and the Defendants on the method of dividing the land of this case until the date of closing the argument of this case.

[Reasons for Recognition] O Defendant A, B, and C: Each entry in Gap evidence Nos. 1 through 4, the purport of the whole pleadings, and O defendant D: Confession (the main text of Article 150(3) of the Civil Procedure Act and Article 150(1))

2. Determination

A. According to the above acknowledged facts, barring any special circumstance, the Plaintiffs, co-owners of the instant land, may file a claim against the Defendants, who are other co-owners, for partition of the instant land pursuant to Article 269(1) of the Civil Act.

(b) If the co-owned property is divided by a trial, in principle, by dividing it in kind or in kind, or if it is impossible to divide it in kind or in kind, or if the value thereof is apprehended to be significantly reduced, an auction of the co-owned property may be ordered to be paid in installments.

Here, the requirement includes cases where it is physically impossible to divide the property in kind, as well as cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, use status, use value, etc. of the property jointly owned.

(Supreme Court Decision 2013Da56297 Decided December 10, 2015). (2) Meanwhile, the National Land Planning and Utilization Act and the Enforcement Decree thereof are divided into land in green areas.