logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.10.18 2018나54139
공유물분할
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The appeal cost is borne by the Defendant (Counterclaim Plaintiff).

Reasons

1. The first instance court accepted the Plaintiff’s claim on the principal lawsuit, and rejected all of the counterclaim claims filed by the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) C, D, E, and F. Since the Defendants filed an appeal only against the principal lawsuit among the judgment of the first instance, the scope of the judgment of the first instance court is limited to the part concerning the principal lawsuit among the judgment of the first instance.

In addition, the lawsuit of this case is a necessary co-litigation as the lawsuit claiming a partition of co-litigation, and in such a case, the appeal raised by a part of the co-litigants is effective against the other co-litigants, and the lawsuit against the defendant who did not file an appeal is also finalized, and thus, it is determined as to the defendant B

2. The court's explanation of this case is the same as the reasoning of the judgment of the court of first instance, and thus, citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. In conclusion, the judgment of the court of first instance is legitimate, and all appeals filed by Defendant C, D, E, and F are dismissed as it is without merit. It is so decided as per Disposition.

arrow