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(영문) 대전고등법원 2015.09.10 2014나1773

공유물분할

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the following parts are modified or added. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

A. On April 3, 2014, the appeal was dismissed on April 3, 2014, and the Defendant’s appeal (Supreme Court Decision 2014Da30186) was dismissed on April 3, 201, and the judgment became final and conclusive on the ground that the appeal was dismissed on April 3, 2014.”

B. On No. 4 of the judgment of the first instance, “A No. 13” is added to the third sentence.

C. No. 5 of the judgment of the court of first instance is added to the third part of the judgment, “The defendant owns the part of item (a) of the instant land by himself, and (b) the part is desired to be divided by the Plaintiff, etc., but does not take all procedures, such as partition surveying for this purpose.”

3. In conclusion, the claim for partition of co-owned property in this case is determined as above, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed.