(영문) 대전지방법원 2019.12.18 2018나108085

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2019.12.18 2018나108085

공유물분할

Text

1. The decision of the first instance court, including the plaintiffs' claims added by this court, shall be modified as follows:

Reasons

1. The reasoning for this part of the lower court’s reasoning is as follows: (a) the Defendant C’s “Defendant C” of No. 5 of the judgment of the first instance court is dismissed as “the network C” (hereinafter “the network”), and (b) the third and sixth acts; (c) the deceased died on January 11, 2019, while the deceased was in progress; and (d) Defendant I, J, and K took over the deceased’s lawsuit (hereinafter “Defendant H et al.”) against Defendant H and his children, the wife of the deceased; and (e) the Defendant H et al., Defendant H et al. taken over the deceased’s lawsuit (hereinafter “Defendant H et al.”), except for addition of the description No. 1 through No. 7 in the grounds for recognition of the third and nine acts, this part of the reasoning for the judgment of the first instance court is as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. Summary of the parties' arguments

A. Plaintiffs 1) The portion 5,266 square meters in part 5,266 square meters (hereinafter “the part” in item (a)) connected each point of the annexed appraisal No. 1 through 11, 17, and 1 among the forest land in this case from F.

(2) The Plaintiff and the Defendant succeeded to the sectionally owned co-ownership relationship with respect to the forest of this case by purchasing some shares of the forest of this case. The Plaintiffs filed a claim against Defendant D and the deceased for the registration of ownership transfer due to the cancellation of title trust with respect to each share of the instant forest of this case. 2) If the Plaintiffs and the Defendants do not have sectionally owned co-ownership relationship, the part of item (a) of the instant forest of this case as co-owned property partition is not a co-ownership relationship, but a co-ownership relationship between the Plaintiffs and the Defendants, the remainder of the instant forest of this case (attached appraisal is indicated in attached Form 1, 17, 11 through 16, and 11; hereinafter referred to as “part (b)”) are co-owned by the Defendants.

B. As to the Defendants 1’ forest land of this case, the Plaintiffs and F are related thereto.

참조조문

-민사소송법 제420조

유사 판례

-서울고등법원 2016.10.21 2015누60121

-전주지방법원남원지원 2015.11.26 2013가단3218

-창원지방법원밀양지원 2019.05.22 2017가단11874

-춘천지방법원 2019.06.12 2018나50144

-대구지방법원 2015.12.3. 선고 2015나305618 판결