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(영문) 서울고등법원 2015.10.30 2015나2020887
제3자이의
Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. The reasoning of the judgment of the court of first instance citing the reasoning of this case is as follows, and this Court cites this case by the main text of Article 420 of the Civil Procedure Act, since it does not include any modification or deletion as follows.

The part of “this case’s land” in the 10-party 2nd judgment of the first instance court shall be modified to “Seoul Metropolitan Government 3,382 square meters (hereinafter referred to as “instant land”).”

The portion of "18,387.25 shares" in the 3rd five to six parallel judgments of the first instance court shall be deleted.

4-5 of the first instance court's decision "(In the related civil cases between D and the plaintiffs, the claim for purchase of the share in the site was not accepted)" shall be deleted.

The part of the judgment of the first instance court 6 to 8-9 of the "(the assertion on prescriptive acquisition was rejected on the ground that the presumption of autonomous possession was broken in related civil cases between D and the plaintiffs)" is deleted.

2. Conclusion, the plaintiffs' claims against the defendants are dismissed in its entirety due to the lack of reasonable grounds, and the judgment of the court of first instance is just in its conclusion, and the plaintiffs' appeals against the defendants are dismissed in its entirety due to the lack of justifiable grounds.

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