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(영문) 대전지방법원 2015.11.19 2015나100417
공유물분할
Text

1. All appeals by Defendant H and C are dismissed.

2. The costs of appeal shall be borne by Defendant H and C.

3. Defendant H-H.

Reasons

The reason why the court should explain this case is the same as the part of the reasoning of the judgment of the first instance, except for adding the judgment as set forth in the following 2. Paragraph 2 to the defendant's assertion, thereby citing this case as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Defendant H and C knew that the Plaintiff did not have divided in kind, and argued to the effect that the Plaintiff’s claim was against the abuse of rights or the good faith principle, since Defendant H and C acquired ownership with the qualification certificate for acquisition of farmland issued by only an administrative agency, even though they did not think of whether the Plaintiff was a farmer.

The plaintiff knew that there is no evidence to acknowledge that the plaintiff was issued a qualification certificate for acquisition of farmland by deceiving administrative agencies, and that the plaintiff is not divided in kind.

Even if such circumstance alone, it is difficult to deem that the plaintiff's claim constitutes abuse of rights or violates the good faith principle.

Therefore, Defendant H and C’s assertion is without merit.

Therefore, the judgment of the court of first instance is justifiable, and all appeals filed by the defendant H and C are dismissed as it is without merit. However, since the defendant H was the party at the trial and the lawsuit was accepted, it is decided to revise the judgment of the court of first instance as above. It is so decided as per Disposition.

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