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(영문) 대전지방법원 2015.03.20 2014나104382
공유물분할
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. In the first instance court’s trial scope, the judgment that the Plaintiff claimed against the Defendant is identical to that of the principal lawsuit, and the Defendant sought a judgment against the Plaintiff, respectively. The court of first instance accepted both the Plaintiff’s principal lawsuit and the Defendant’s counterclaim. Since the Defendant filed an appeal only against the principal lawsuit among the judgment of the first instance, the scope of the judgment of this court is limited to the part concerning the principal lawsuit among the judgment of the first instance.

2. The reasons for the court's explanation of this case are as follows: (a) each statement of No. 6 and No. 7 (including serial numbers), and the reasoning of the judgment of the court of first instance, except for the rejection of testimony by witnesses of the trial party (including serial number), which are insufficient to recognize the defendant's assertion that "the plaintiff's father and the defendant side agreed to exclusively use and benefit from each real estate listed in the separate sheet as stated in the separate sheet, and that the agreement on exclusive use and benefit was succeeded to the plaintiff" was insufficient to recognize the defendant's assertion; and (b) thus, it is consistent with the reasoning of the judgment of the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.

3. In conclusion, the plaintiff's claim on the merits is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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