공유물분할
1. Defendant B’s appeal is dismissed.
2. The costs of appeal shall be borne by Defendant B.
Purport of claim and appeal
1..
1. Although only Defendant B appealed against the judgment of the court of first instance, the instant lawsuit is a necessary co-litigation as a lawsuit demanding co-litigation. In such a case, an appeal filed by one of the co-litigants is effective against other co-litigants, and the lawsuit against Defendant C, which did not appeal, is not finalized, and thus, it shall be determined as to the Defendant C, which did not appeal.
2. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the modification or addition of the pertinent part of the judgment of the court of first instance as follows (3). Thus, it is citing it as it is by the main sentence
3. The 3rd and fourth 4th tier of the judgment of the first instance, which is amended or added, shall be raised to Defendant B.
The first instance court's final appeal from the third to the fourth one of the parties in the first instance judgment is pending (Seoul High Court 2018Na2021270) as of the date of the closing of argument in the instant case. "Appeal (Seoul High Court 2018Na201270), but the appeal was dismissed on October 25, 2018, and the Defendant B appealed (Supreme Court 2018Da293213), but on February 28, 2019, the appeal was dismissed and the said first instance judgment became final and conclusive."
The fourth 2nd son of the judgment of the court of first instance shall be referring to the evidence of subparagraphs A1 through 3.
The following shall be added:
In addition, Defendant B asserts that “The Article 269 of the Civil Act provides that when the consultation on the method of partition does not lead to an agreement on the method of partition, co-owners may file a claim for partition with the court.” However, prior consultation among co-owners is an essential co-owners, but the Plaintiff filed the instant lawsuit without going through it.”
However, the above provisions apply for partition of co-owned property without agreement as to the method of partition.