건축주명의변경금지 등
1. All appeals by the defendant against the plaintiffs are dismissed.
2. The costs of appeal shall be borne by the Defendant.
purport, purport, and.
1. Scope of adjudication of this court;
A. The following facts are clear on the records.
(1) In the first instance trial, the Plaintiffs sought damages against the Defendant on the grounds of ① loss of ownership due to voluntary disposal of land, and ② damages on the grounds of loss of ownership due to voluntary disposal of multi-household houses, respectively.
(2) The first instance court accepted each claim for damages on the ground of the loss of ownership due to a voluntary disposal of land among the plaintiffs' claims, and dismissed each other's remaining claims.
(3) The Defendant appealed against the judgment of the first instance, but the Plaintiffs did not file an appeal or incidental appeal.
B. According to the facts acknowledged earlier, the part against the plaintiffs in the judgment of the court of first instance was also subject to a trial. However, the scope of the judgment of the court of first instance is limited to the part against the defendant among the judgment of the court of first instance against which the defendant, who is the appellant, is dissatisfied with the judgment of the court of first instance.
2. The reasoning of the judgment of the court of first instance regarding this case is as follows, with the exception of the part concerning the claim for damages caused by the loss of ownership due to a voluntary disposal of land, among the reasons of the judgment of the court of first instance.
Therefore, it is accepted by the main text of Article 420 of the Civil Procedure Act as it is.
[Attachment] 4, 18 to 20 of the judgment of the court of first instance: The following facts may be recognized in accordance with the purport of Gap's evidence Nos. 1 through 7, 11, 12, 14 through 16 (including various numbers), Eul's evidence Nos. 1 and 15, witness's directors of the court of first instance, and N's testimony and whole pleadings.
The Plaintiffs, along with T, on the 2,523 square meters of V woodland in Yangju-si prior to the subdivision (hereinafter “V land prior to the subdivision”), on the 396 square meters of R forest land and 221 square meters of land in Yangju-si prior to the subdivision (hereinafter “W before the subdivision”).