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(영문) 수원지방법원 2018.07.12 2017나5249
공유물분할
Text

1. The judgment of the first instance is modified as follows according to the selection of the appointed parties by this court.

J. 1.0

Reasons

1. The reasoning of the court's explanation of this case is as follows: (a) according to the selection of the appointed party in this court, the "defendants" in the judgment of the court of first instance is dismissed; and (b) except where the attached Form of the judgment of first instance is attached to this judgment, it is identical to the part of the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[The grounds for appeal by the defendant (appointed party) are not different from the allegations in the first instance court, and the fact-finding and decision in the first instance court are recognized as legitimate. 2. conclusion, the judgment of the first instance is legitimate, and the appeal by the defendant (appointed party) should be dismissed as it is without merit.

However, since this court cannot maintain the judgment of the first instance as the defendant (appointed party) is selected as the appointed party, it is decided to modify the judgment of the first instance as it is, and it is so decided as per Disposition.

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