공유물분할
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. The facts acknowledged are as follows: (a) the court of first instance rendered a judgment against the defendants to the effect that “The plaintiff sought a partition of co-owned property, such as the entries in the purport of the claim, and distributed to the plaintiff at the rate of 14/44, the remaining amount after deducting auction expenses from the proceeds of the auction by selling each real estate listed in the attached list, to the plaintiff at auction, and to the defendant E at the rate of 13/44, the defendant C, D, and F, and it is clear in the record that the plaintiff filed an appeal only against the part of the costs of the lawsuit which is subordinate to the order without filing an appeal against the plaintiff as to the main part of the main text which is the main text.”
2. Determination ex officio as to the legitimacy of an appeal
A. Article 391 of the Civil Procedure Act provides that a judgment on costs of lawsuit may not be independently appealed. The original judgment on costs of lawsuit is an incidental judgment in which the party’s share of costs of lawsuit is determined according to the conclusion on the propriety of the merits of the case, and the propriety of the merits of the case may not be determined.
However, if it is possible to appeal independently from the judgment on the merits of the lawsuit costs, the judgment on the merits already finalized shall be judged again due to an incidental judgment, or the judgment on the costs of lawsuit based on a decision different from the judgment on the merits of the case may bring about contradictions among the trials, and it may bring about an unnecessary increase in the burden of the courts. As such, the legislative purpose of the above provision is to maintain legal stability of the judgment on the merits of the case and reduce the burden of the court due to unnecessary appeals by allowing a judgment on the merits of the case along with an appeal on the merits to be filed together with the judgment on the merits.