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(영문) 청주지방법원 2018.09.05 2018나5561
공유물분할
Text

1. The independent party intervenor's appeal is dismissed;

2. The costs of appeal shall be borne by the intervenor of the independent party.

Reasons

1. The intervenor appealed only against the judgment of the first instance court that accepted the claim of the plaintiffs and dismissed the intervenor's claim, and the part of the plaintiffs' claim was also cut off and remanded to this court.

However, as seen below, as long as the conclusion of the first instance trial on the intervenor's claim provisional against the plaintiffs is maintained, it is unnecessary to jointly confirm the conclusion between the plaintiffs, the defendants, and the intervenors. Thus, the plaintiffs' claim part is excluded from the scope of the trial of this court.

2. Judgment on the Intervenor’s claim

A. The reasoning of the judgment of this court is as stated in paragraphs (a) and (3) of Article 1 of the reasoning of the judgment of the court of first instance, except for adding the following judgments, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. The intervenor added the judgment 1) asserts that the intervenor did not appear on the date for pleading in the first instance trial, and that the plaintiffs' attorney did not present on the date for pleading in the first instance trial, and thus the court of the first instance should have rendered a favorable judgment against the intervenor pursuant to Articles 150(1), 2, 360(3), and 369 of the Civil Act. On December 5, 2017, the fact that the plaintiffs' attorney appeared on the third day for pleading in the court of first instance and made a statement that the intervenor requested the dismissal of the intervenor's claim is apparent in the record, and even if the legal representative appeared on the date for pleading in the court of first instance and contests the other party's assertion, it shall be deemed that the party is not present on the date for pleading or that the respondent is led to confession without any justifiable reason. In addition, the court may, ex officio or upon the party's request, examine the party, and in such case, the party shall take an oath (Article 367 of the Civil Procedure Act).

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