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(영문) 춘천지방법원 2019.08.21 2018나53556
공유물분할
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance citing the instant case is the same as that of the judgment of the court of first instance, except for the case brought by the court of first instance as set forth in the second below, and thus, it is acceptable in accordance with the main sentence of Article 420

2. Parts to be dried;

1. The plaintiff filed a claim for partition of co-owned property as to each real estate listed in the separate sheet (hereinafter referred to as "each land of this case" in the order of 1, 2, and 3" in the separate sheet against the defendants (the defendant S is the defendant added to the court of first instance after remand, and the defendant S is the defendant added to the court of first instance after remand), and the cancellation of the right to land ownership as to the land of this case Nos. 2 and 3, and the judgment of the court of first instance prior to remand was

As to this, the Plaintiff appealed, and the judgment of remand dismissed the appeal as to the claim for cancellation of site ownership registration in the first instance judgment before remand, and the remaining part of claim for partition of co-owned property was accepted, and remanded to the first instance court.

After remand, the first instance court: (a) divided the portion of the claim for partition of co-owned property, which is the remanded part, into the Plaintiff’s claim; (b) sentenced the Plaintiff to settle the excess or excess of the economic value against the Defendants in cash; and (c) again appealed by the Plaintiff.

Therefore, only "the portion of the claim for partition of co-owned property," which is the part of the first instance judgment after remand, shall be subject to the judgment of this court.

Of the judgment of the first instance, “the scope of the trial after remanding. 1” part of the judgment is as follows. “The date on which the argument of this case was closed” in the second sentence at the bottom of the judgment of the first instance at the time of closing the argument of the first instance. “The Plaintiff and the Defendants did not apply for the market price appraisal on the recommendation of this court” in the 9-10th judgment of the first instance court. “The Plaintiff did not apply for the market price appraisal at the first instance court, and this court did not apply for the market price appraisal.”

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