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(영문) 창원지방법원 2017.05.23 2016나4895

공유물분할

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The grounds for this part of the judgment of the court of first instance, which cited this part of the judgment, are dismissed as "division" in the second 19 of the judgment of the court of first instance, while "division" in the second 19 of the judgment of the court of first instance.

B. 1) and 2) except for dismissal as follows, the reasoning of the judgment of the first instance is the same as that of the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420

2. Parts 2. Determination

B. As to the Defendants’ assertion 1), the Defendants asserted that the Plaintiff’s claim for sale under Article 18-2(1) of the former Housing Act (wholly amended by Act No. 11243, Jan. 26, 2012); Defendant A’s claim for sale under Article 18-2(1) of the former Housing Act (wholly amended by Act No. 13782, Jan. 19, 2016); and the Defendants’ claim for partition of co-owned property as to each of the instant real estate 1 and 2 cannot be permitted, even if the Defendants purchased all shares of the Defendants as to the instant 1 and 2 real estate, according to the evidence No. 3, the Plaintiff’s claim for partition of co-owned property as to the instant real estate among the instant real estate 1 and 2 real estate 1 and 12 real estate 2 against Defendant 2, and the Defendants’ claim for sale of shares against Defendant 12-13 of the former Housing Act (wholly amended by Act No. 12816, Dec. 16, 12014, 20120).

A person shall be appointed.

3. The judgment of the first instance is justifiable, and all appeals by the Defendants are dismissed. It is so decided as per Disposition by the assent of all participating Justices.