건물명도등
Of the instant lawsuits, the part concerning the claim for restoration of the original state shall be dismissed.
For the plaintiffs, the defendant
(a) the annexed list;
1. Among the lawsuit in this case, the rights or legal relations of the parties to the lawsuit in the civil lawsuit shall be specified. If the subject matter of the lawsuit is not specified, the court does not specify the subject matter of the lawsuit and the scope of the effect of the judgment. Thus, whether the subject matter of the lawsuit is specified or not belongs to the court's ex officio examination as a litigation requirement.
(see, e.g., Supreme Court Decision 2011Da28946, Mar. 14, 2013). The Plaintiffs claims the Defendant to restore the building indicated in the separate sheet to its original state. The Plaintiffs’ claims in this part alone cannot be deemed as specifically specifying the content of restoration to the original state to the extent that it does not interfere with the Defendant’s performance of obligations or compulsory execution.
Therefore, this part of the claim is dismissed as unlawful because it is not specified in the purport of the claim.
2. The remainder of the claim
(a)as shown in the reasons for the attachment of the claim;
(b) Judgment on deemed confession (Article 208(3)2 and Article 150(3) of the Civil Procedure Act)