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(영문) 수원고등법원 2020.02.06 2019나11162
공유물분할
Text

1. Defendant B, C, D, E, F, H, I, J, K, L, M, N, R, T, U, V, X, Z, AE, AE, AH, AH, AJ, AL, AMF, NA, N, AO, and Defendant concurrently.

Reasons

1. On the first instance judgment which accepted the Plaintiff’s claim for partition of co-owned property, Defendant B, C, D, E, F, H, H, I, K, K, L, M, N, R, T, U,V, X, Z, AD, AE, AF, AH, AH, AH, AH, AL, AM, AM,N, AO, and Defendant F’s and part of the acceptance of part of the Defendant AP, AP, Q, and Defendant J’s partial acceptance of the Intervenor AS, AT, AU, AU, AV, and AV (hereinafter collectively referred to as “Defendant appellant”).

The instant lawsuit is an inherent essential co-litigation as a lawsuit for partition of co-litigation, and in such a case, an appeal filed by a part of the co-litigants is effective against the other co-litigants. Thus, the final judgment of the court of first instance is interrupted against all co-litigants, and the lawsuit for partition of co-litigants is transferred to the appellate court as a whole. This court is also determined as to Defendant O, P, Q, W, Y, AC, and Defendant H’s partial acceptance participant AR and AW, which did not appeal.

2. The reasoning of the judgment of the court of first instance is as follows, with the exception of adding or deleting part of the allegations made by the defendant appellant in this court, and adding or deleting the following judgment as to the allegations added by the defendant appellant in this court, and therefore, the reasoning of the judgment of the court of first instance is identical to that of the judgment of the court of first instance. Thus, this is

Each "Succession Intervenor" in the 11th and 7th of the judgment of the first instance shall be replaced by each "litigant".

Of the judgment of the court of first instance, the part regarding “A” and “A” among the instant lawsuits is lawful (Articles 11 through 15, 12, and 8) are deleted.

Part 15 of the judgment of the first instance is subject to "B. Judgment on the argument of the defendant appellant".

The evidence No. 8 of the first instance judgment No. 16 of the 15 of the first instance judgment shall be written with "Evidence No. 8, 18, 19, 20 of the A".

Then, “the fact that the Plaintiff did not work” in the 17th judgment of the court of first instance, and “the Plaintiff was on March 30, 2019 and April 16, 2019, after the judgment of the court of first instance was rendered.”

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