1. With respect to C forest land of 13,970 square meters in Gyeongnam-gun, Namnam-gun, Gyeongnam-gun, the annexed drawing indication 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15.

1. Facts of recognition;

A. On January 16, 2018, the Plaintiff (i.e., the Plaintiff (i., the Plaintiff) registered the ownership of 1/2 shares, and the Defendant (ii) registered the ownership of 1/2 shares. The Plaintiff’s acquisition intervenor completed the registration of transfer of shares on the ground of sale on January 15, 2018 with respect to the Plaintiff’s shares among the instant land on the instant land on which January 15, 2018.

B. The Plaintiff’s Intervenor and the Defendant did not reach an agreement on the method of dividing the instant land by the time the argument in the instant case is concluded.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. The Plaintiff’s claimant, as one of the co-owners of the instant land, may claim partition against the Defendant, who is another co-owner pursuant to the main sentence of Article 268(1) of the Civil Act, and if an agreement as to the method of partition has not been reached, the Plaintiff’s claimant may request it to the court under Article 269(1) of the Civil Act.

However, as seen earlier, the Plaintiff’s acquiring intervenor and the Defendant did not reach an agreement on partition of co-owned property. Therefore, the Plaintiff’s claim for partition of co-owned property on the instant land has merit.

B. Co-owned property partition by one trial on the method of partition shall be, in principle, by the method of in-kind division as long as a rational partition can be made according to the shares of each co-owner. However, even if it is impossible in-kind division or it is possible in form, if the price might be reduced remarkably due to such act, it shall be done by the method of so-called payment division by ordering the auction of the co-owned property to divide the price.

The requirement that the "in-kind can not be divided" is not a physically strict interpretation, but a division is made in kind in light of the nature, location, area, situation of use, and the use value after the division.