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. Defendant B appealed against the judgment of the first instance which ordered the partition of co-owned property by means of payment division by auction within the scope of the judgment of this court.
The instant lawsuit is a necessary co-litigation as a lawsuit claiming partition of co-litigation. In such a case, an appeal filed by one of the co-litigants is effective against the other co-litigants, and the lawsuit against the remaining Defendants who did not file an appeal is not finalized, and thus, the remaining Defendants are also determined.
2. The reasoning of this court’s judgment citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of
3. The judgment of the first instance is just, and the defendant B's appeal is dismissed.