1. The amount remaining after selling the 8,834 square meters of H forests and fields in the north-gu, Pohang-gu, and deducting the auction expenses from the proceeds thereof.

1. Facts of recognition;

A. The Plaintiff and the Defendants shared the land of 8,834 square meters of H forest in the north-gu, Chungcheongnam-gu (hereinafter “instant real estate”) in proportion to the shares indicated in the separate sheet of shares.

B. The Plaintiff demanded the Defendants to divide the instant real estate, but no agreement was reached between the Plaintiff and the Defendants on the method of division until the date of the closing of the instant argument.

[Grounds for recognition] Unsatisfy, Gap evidence Nos. 1-4, the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged above, the Plaintiff sharing the instant real estate and the Defendants did not reach an agreement on the method of partition. Thus, the Plaintiff, a co-owner, may file a claim against the Defendants, who are other co-owners, for the partition of the instant real estate.

B. Co-owned property partition by judgment on the method of partition shall, in principle, be made by the method of in-kind division as long as it is possible to make a rational partition according to each co-owner's share. However, if it is impossible to divide in-kind or it is possible in form, if the price might be reduced remarkably due to such possibility, it shall be made by the method of so-called payment division ordering the light of the co-owned property to divide

In addition, the requirement of "shall not be divided in kind" physically and strictly, but it includes cases where it is difficult or inappropriate to divide the property in kind in light of the nature of the property jointly owned, its location and area, its use status, the value after the division, the share ratio of co-owners in ownership, etc.

(See Supreme Court Decision 2002Da4580 Decided April 12, 2002, and Supreme Court Decision 99Da6746 Decided June 11, 199, etc.). Comprehensively considering the purport of the entire pleadings, the Plaintiff and the Defendants’ share ratio, the location and shape of the instant real estate, the status of the use of the instant real estate, the surrounding circumstances, and the intent of the parties.