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(영문) 의정부지방법원 2018.12.07 2018나2029
공유물분할
Text

1. Defendant E’s appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Defendant E appealed against the judgment of the first instance court on the scope of trial of the party, but the lawsuit of this case is a necessary co-litigation as the lawsuit for partition of co-litigation. In such a case, the appeal raised by one of the co-litigants is effective against other co-litigants, and the lawsuit against the Defendants, which did not appeal, is not finalized, and thus, the judgment against the Defendants, which did not appeal, shall be

2. The reasons for the acceptance of the judgment of the court of first instance are the same as the reasons for the judgment of the court of first instance, except for the following changes, and thus, it is acceptable in accordance with Article 420 of the Civil

3. The modified portion Nos. 6 to 7 of the 4 side “Defendant E did not have been Defendant E,” shall be changed to “Defendant E did not present any negotiation other than unilaterally asserting only the kind of goods division as follows:

4. The Defendant E’s assertion is deleted from 15-18.

The 5th to 10th to 9th 10 acts of attorney shall be changed to 'the attorney at the first instance trial'.

At the bottom of the 5th place, the phrase “(1)” was changed to the phrase “Defendant E is not entitled to any right solely on the ground that he provisionally attached J shares on H 19,144 square meters of forests and fields.”

4. The plaintiffs' claims should be accepted on the grounds of the reasons.

The judgment of the court of first instance is just in conclusion, and the appeal by Defendant E is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.

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