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(영문) 부산지방법원 2017.04.25 2016가단65267

건물인도등

Text

1. The part concerning the claim for reinstatement among the instant lawsuit shall be dismissed.

2. The defendant shall be the plaintiff.

(a)indicating attached real estate;

Reasons

1. The cause of the claim is as shown in the annexed sheet;

2. Conclusion

A. In a part of a claim for restitution, the rights or legal relations in which the parties are the subject matter of a lawsuit must be specified, and in a case where the subject matter of a lawsuit is not specified, the court does not specify the subject matter of a trial and the scope of the effect of a trial. Thus, whether the subject matter of a lawsuit is specified or not

(see, e.g., Supreme Court Decisions 2010Da87641, Mar. 10, 201; 201Da28946, Mar. 14, 2013; 201Da28946, Mar. 14, 2013). A lawsuit for which the purport of the claim is not specified cannot be exempted from rejection due to its illegality. Of the lawsuit in this case, the part of the claim for restitution is unlawful because it does not clearly specify the subject and method of

All other claims are accepted (self-convened judgment: Articles 208(3)2 and 150(3) of the Civil Procedure Act)