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(영문) 서울중앙지방법원 2019.01.18 2017나67560
공유물분할
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) regarding the main claim and counterclaim are dismissed.

2. The appeal costs.

Reasons

1. Defendant Q, S, and T only appealed against the judgment of the first instance court regarding the scope of trial of the party. However, the principal lawsuit of this case is an essential co-litigation as a lawsuit for partition of co-litigation. In such a case, an appeal filed by one of the co-litigants is not effective against the other co-litigants, and the lawsuit against the defendant against the other co-litigants is not finalized, and thus, it shall be determined as to Defendant P which did not appeal

2. The reasons for the acceptance of the judgment of the court of first instance are stated in the reasoning of the judgment of the court of first instance.

Defendant T, Q, and S’s argument (Nos. 2 through 7) are as stated in the reasoning of the judgment of the first instance except for the dismissal as follows. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Parts to be dried;

B. Determination as to Defendant Q, S, and T’s assertion (1) Summary of the above Defendants’ assertion (A) Defendant Q, S, and T received a donation from the deceased from the deceased and possessed the instant tenement house in peace and public performance for not less than 20 years and acquired by prescription.

(B) Since Defendant T newly built the real estate listed in [Attachment 1] Nos. 11 and 20 [Attachment 1] on the ground adjacent to the instant apartment house (hereinafter “instant housing site”), the instant building is owned by Defendant T, and Defendant Q, S, and T occupy the instant housing site in peace and openly and openly with intent to own it for at least 20 years.

(C) Therefore, the plaintiffs' claim against the above defendants against the apartment house of this case and the building site of this case shall be dismissed. The above defendants' counterclaim against the plaintiffs for the execution of the procedure for the transfer of ownership due to the prescriptive acquisition as of April 16, 2005, which was 20 years after the date of the contract for the transfer of ownership of the deceased.

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