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(영문) 부산지방법원 2018.06.28 2016나5013

공유물분할

Text

1. Defendant C’s appeal is dismissed.

2. The costs of appeal shall be borne by Defendant C.

Purport of claim and appeal

1...

Reasons

1. Although only Defendant C appealed against the judgment of the first instance court on the scope of adjudication in this Court, the instant lawsuit is a requisite co-litigation as a lawsuit for partition of 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 B, which did not file an appeal, has become final and conclusive, and thus, it is determined as to Defendant B, who did not

2. The reasoning of the court's explanation of this case is the same as the reasoning of the judgment of the court of first instance, and thus, it is citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Thus, the judgment of the court of first instance is just and without merit, and the appeal by the defendant C is dismissed. It is so decided as per Disposition.