1. The part against Defendant I among the instant lawsuit is dismissed.

2. It shall be put up for auction a forest land of 95828 square meters in Gyeong-gun, Chungcheongnam-do.

1. Basic facts

A. The Plaintiff and the Defendants shared the shares in the shares indicated in the “previous co-ownership” column in the separate sheet, i.e., Si-Gun, Busan-gun, Busan-do, Busan-do (hereinafter “instant land”). However, while the instant lawsuit was pending, the Plaintiff purchased the said Defendant’s shares from Defendant I on July 26, 2018, the share was jointly owned in the shares indicated in the “current co-ownership” column in the said list.

B. Until the closing date of the instant argument, such as the division consultation, the Plaintiff and the Defendants did not reach an agreement on the division method of the instant land, and there is no division prohibition agreement on the instant land.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 to 3, and whole purport of pleadings]

2. On its own initiative of the safety judgment, the lawsuit for the partition of co-owned property is an essential co-litigation in which co-owner who claims partition becomes the Plaintiff and all other co-owners are co-defendants (see Supreme Court Decision 2017Da233931, Sept. 21, 2017). According to the above facts, Defendant I lost the qualification as a party by transferring his/her share to the Plaintiff. Thus, among the lawsuit in this case, the part against the said Defendant is unlawful.

3. Judgment on the merits

A. According to the above acknowledged facts, the Plaintiff, a co-owner of the land of this case, may claim the partition of the land of this case against the Defendants, other co-owners.

(b) If the co-owned property is divided by a judgment on the method of partition of co-owned property, in principle, by dividing it in kind, or in kind, or if it is impossible to divide it in kind or if the value thereof is apprehended to decrease remarkably, an auction of the co-owned property may be ordered to be paid in installments;

Here, the requirement of "undivided in kind" is not only a case where physical division is physically impossible, but also a character, location, area, and current use of the article jointly owned, and a division.