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(영문) 서울고등법원 2020.11.25 2019누51002

수용재결취소등

Text

The judgment of the first instance, including the claims modified by this Court, shall be modified as follows:

The plaintiff's primary part is the plaintiff.

Reasons

1. The Plaintiff, at the first instance court, sought revocation of the Defendant Committee’s acceptance ruling as of December 7, 2017, and sought compensation against the Defendant Corporation in the conjunctive case. The first instance court dismissed the claim for compensation related to 17.5 square meters in relation to the ancillary Defendant Corporation’s ground office B in Seoul Jung-gu Office (hereinafter “instant office”), and dismissed both the claim against the Defendant Committee and the remainder of the claim against the Defendant Corporation.

Accordingly, the plaintiff appealed against the part of the claim against the defendant corporation, and the decision of the defendant committee was not finalized and the decision was transferred to the trial court in this case, which constitutes the primary and preliminary co-litigation according to the plaintiff's appeal.

The Plaintiff’s claim is a claim against the Defendant Committee, that is, the propriety of the claim seeking revocation of the adjudication of acceptance of the instant case, in which the primary and preliminary Defendants’ claim cannot be accepted in entirety, or where the grounds for determining one’s claim affect the other claim’s judgment, and thus, the process of determining each claim is bound to be mutually combined, and thus, it is necessary to make a joint conclusion between all parties. As such, the Plaintiff’s claim against the Defendant Committee and the claim against the Defendant Corporation are all subject to the adjudication of this Court (see, e.g., Supreme Court Decision 2009Da4355, Feb. 24, 2011). 2. The reasons why this Court stated in this part are the reasons for the judgment of the first instance court, except as follows.

It shall be quoted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

On the second page of the judgment of the first instance, following the third instance “public housing project” (hereinafter referred to as the “instant project”) shall be added to the “public housing project” (hereinafter referred to as the “instant project”).

On the second page of the judgment of the first instance, "Defendant."