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(영문) 서울고등법원 2018.04.19 2017나2054730
청구이의
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiffs corresponding to the revoked part shall be against the defendant.

Reasons

1. Basic facts

A. The plaintiffs filed a lawsuit for partition of co-owned property and the judgment of the first instance court 1) The plaintiffs are Dongdaemun-gu Seoul, Dongdaemun-gu N & 69§³ and 31 lots (hereinafter "the land in this case").

2) On March 19, 2007, the 13 co-owners including the plaintiffs (hereinafter collectively referred to as "the plaintiff group") filed a lawsuit for partition of co-owned property as Seoul Northern District Court 2007Gahap2477 against the remaining co-owners including the defendant (hereinafter collectively referred to as "the defendant group"), and filed a lawsuit for partition of co-owned property as Seoul Northern District Court 2007Gahap2477.

3) On August 13, 2009, the Seoul Northern District Court rendered a judgment on the following (the judgment constitutes the enforcement title for which the plaintiffs sought the exclusion of enforcement power in the instant case.

hereinafter referred to as the "subject case"

A) According to the part of the land of this case possessed by the Plaintiff group, the land of this case shall be divided into the Plaintiff group as the present water, and the remaining part shall be divided in kind by the Defendant group according to the shares. However, as a result of the division in kind, the part divided by the Plaintiff group as a result of the division in kind in excess of the shares of the Plaintiff group shall be compensated for the price (hereinafter “price compensation”).

(1) The Plaintiff A and B shall pay to each of the Plaintiffs 81,915,047 won and 5% interest per annum to each of the Defendant at the rate of 81,915,047 won and 5% per annum from the day following the day this judgment became final and conclusive to the day of full payment (the text of the part concerning the price compensation related to

A person shall be appointed.

B. The plaintiffs of the appellate judgment and some of the defendant groups of the judgment (the defendant of this case seems to have not appealed) appealed against the judgment (Seoul High Court 2009Na93529), and the plaintiffs and some of the defendant groups of the judgment were withdrawn from each appeal during the appellate trial, and only some of the defendant groups of the judgment did not withdraw the appeal among the defendant groups of the judgment.

The appellate court revised the judgment on August 17, 2012, and held the land in this case at auction.

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