1. At the time of racing, E- 291114 square meters of forest land shall be put to an auction and the remaining money shall be 1/4 of the proceeds less the auction expenses.

1. The facts based on which the Plaintiff and the Defendants shared 1/4 of the 29174 square meters of forest E in racing and the co-ownership share of 1/174 square meters are either not disputed between the parties, or recognized by comprehensively taking account of the overall purport of the statement and the entire argument

In addition, there was no agreement between the plaintiff and the defendants on the division method of the above land until the closing date.

2. Determination

(a) Division of a co-owned property by trial shall be, in principle, divided in kind as far as one in which a reasonable partition can be made according to the share of each co-owner, or the requirement that it cannot be divided in kind is not physically strict interpretation, but physically strict. It includes cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location or size of the co-owned property, its use status

B. (See, e.g., Supreme Court Decision 2002Da4580, Apr. 12, 2002).

In this case, the provisional registration of the right to claim ownership transfer on the ground of F’s trade reservation against the Plaintiff’s share was completed, making it difficult for other co-owners to implement the method of in-kind distribution based on the full-value compensation that the Plaintiff’s co-owners purchase, both the Plaintiff, Defendant B, and C agree to sell and divide the above land, and Defendant D does not actively dispute this point, and taking account of the intention of the parties concerned and the use of the above land after division, the above land is difficult or inappropriate to divide in kind. Thus, it is the most equitable and reasonable to sell the above land by auction and distribute the price according to the share ratio of the Plaintiff and the Defendants.

3. According to the conclusion, it is decided as per Disposition by deciding to distribute the remaining money after selling the above land to an auction and deducting the auction cost from the price to the Plaintiff and the Defendants in proportion to their co-ownership share.