(영문) 서울고등법원 2017.05.18 2016나2089029

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(영문) 서울고등법원 2017.05.18 2016나2089029

청구이의

Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. Lawsuit of partition of co-owned property and judgment of the court of first instance 1) The Plaintiffs filed a lawsuit against partition of co-owned property and 31 lots (hereinafter “instant land”) in Dongdaemun-gu Seoul.

2) On March 19, 2007, the 13 co-owners including the plaintiffs (hereinafter collectively referred to as "the plaintiff group") filed a lawsuit for partition of co-owned property against the 34 other co-owners including the defendant (hereinafter collectively referred to as "the defendant group")

(Seoul Northern District Court 2007Gahap2477) The first instance court sentenced the following judgment on August 13, 2009 (the judgment is the right of execution for which the plaintiffs seek the exclusion of enforcement power in this case).

The subject case shall be referred to as "the subject case"

A) According to the part of the land of this case possessed by the Plaintiff group, the land of this case shall be divided into the Plaintiff group as the present water, and the remaining part shall be divided in kind by the Defendant group according to the shares. However, as a result of the division in kind, the part divided by the Plaintiff group as a result of the division in kind in excess of the shares of the Plaintiff group shall be compensated for the value (hereinafter “price compensation”).

(1) The Plaintiff A and B shall pay 81,915,047 won to each of the Plaintiffs and 5% interest per annum to each of the Defendant at the rate of 81,915,047 won per annum from the day following the day this judgment became final and conclusive to the day of full payment (the text of the part concerning the price compensation with respect to the Plaintiffs

A person shall be appointed.

B. The plaintiffs of the appellate judgment and some of the defendant of the judgment (the defendant of this case seems to have not appealed) appealed to the judgment (Seoul High Court 2009Na93529). While the appellate court is continuing, the plaintiffs appealed to the appellate court, and some of the defendant of this judgment did not withdraw the appeal by withdrawing some of the defendant of this judgment.

The appellate court revised the judgment on August 17, 2012, put this case's land to auction at auction.

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