beta
(영문) 부산지방법원동부지원 2019.11.27 2019가단4436

건물명도(인도)등

Text

1. The plaintiff's part of the lawsuit against the defendant B concerning the unpaid management expenses claim shall be dismissed.

2. The Plaintiff:

A. Defendant B.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment without any applicable provisions of Acts (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. The portion dismissed (the part concerning the claim for unpaid management expenses against Defendant B) shall be clearly identified in civil procedure the contents and scope of the rights or legal relations specified as the subject matter of a lawsuit. If the subject matter of a lawsuit is not specified, the court shall not determine the subject matter of a trial and determination and the scope of the effect of a judgment. Thus, whether the subject matter of a lawsuit is specified is subject to ex officio investigation by the court as a

(see, e.g., Supreme Court Decisions 2010Da87641, Mar. 10, 201; 201Da28946, Mar. 14, 2013). ex officio, the Plaintiff sought reimbursement of unpaid management expenses against the Defendant B, but the Plaintiff cannot be deemed as having specified the subject matter of a lawsuit to the extent that it does not interfere with the performance of the obligation or compulsory execution of the Defendant B, and thus, is dismissed.