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(영문) 서울북부지방법원 2016.09.27 2015나1770
공유물분할
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

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

[Supplementary or supplementary parts] Part 16 of the first instance court's 2th judgment "Partial E testimony of a witness E" shall be read as "the testimony of the witness M of the party in question and the witness E of the first instance court", and the second 17th "the result of this court's inspection" as "the result of each on-site inspection by the court of the first instance and the party in question".

The following shall be added at the end of the fourth sentence of the first instance judgment:

[On the other hand, the Plaintiff asserts that if the Defendant did not modify the purport or purport of the appeal and the purport of the claim on January 28, 2016 as stated on the seventh day for pleading, and the Defendant did not recognize the Plaintiff’s obligation to provide the Plaintiff with access to the pertinent D real estate and remove graves C real estate on the ground of this case, the Plaintiff does not have to make a claim against the Defendant for in-kind partition of the jointly owned property on the premise of a general co-ownership relationship, not a claim for ownership transfer registration on the ground of termination of mutual title trust with respect to each of the instant real estate, and that ownership relation between the Plaintiff and the Defendant does not fall under a sectionally owned co-ownership relation with each of the instant real estate on the date for pleading of the first instance trial (on October 15, 2014, the Plaintiff and the Defendant recognized that the Plaintiff and the Defendant were in sectionally owned co-ownership relation with each of the instant real estate on the date for pleading of pleading, the Plaintiff asserted to seek implementation of the ownership transfer registration procedure on each of the instant real estate on October 10 and 25.

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