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(영문) 수원지방법원 2016.09.23 2016나54497
공유물분할
Text

1. The instant lawsuit was concluded on June 13, 2016 by Defendant (Appointed Party)’s withdrawal of the appeal.

2. The case.

Reasons

1. The instant lawsuit was filed against Defendant A, B, C, D, E, F, G, Defendant (Appointed Party) who is the remaining co-owners, against the designated parties indicated in the separate sheet Nos. 2 through 21 (hereinafter “designated parties”) of the Suwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office 2014No31693 (hereinafter “the instant lawsuit”), and the said court accepted the Plaintiff’s claim on January 14, 2016. ② The designated parties indicated in the separate sheet in the instant lawsuit of the first instance court were selected as the appointed parties to the lawsuit on March 27, 2015, and ③ Defendant 16 of the instant judgment submitted the separate sheet No. 31693 (hereinafter “Appointed Party”).

2. The Appointor on the validity of the withdrawal of the appeal by the Defendant (Appointed Party) submitted at will the written withdrawal of the appeal by the Defendant (Appointed Party) without disregarding the Appointor’s intent to proceed to the appellate trial. The Appointor and the Defendant (Appointed Party) lost his qualification as the Appointor due to the extinguishment of common interests between the Appointor and the Defendant (Appointed Party).

Therefore, the appeal between the plaintiff and the designated parties is only effective to withdraw the appeal of the person who appealed by the defendant (appointed parties).

If many persons who have a common interest appoint the parties, the appointed party may conduct the lawsuit on behalf of the parties until the completion of the lawsuit in question, and the appeal, such as appeal, shall also be filed from such parties, and the system of the appointed party shall be simplified and simplified to simplify the litigation procedures in multiple lawsuits of the parties.

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