건물명도 등
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
1. Purport of the claim.
The appeal of the relevant legal principles regarding the determination of the legitimacy of the appeal of this case may only be filed against a judgment disadvantageous to the appellant himself/herself, and whether the judgment is disadvantageous to the appellant shall be determined at the time of the filing of the appeal in accordance with the text of the judgment.
(See Supreme Court Decision 94Da21207 delivered on November 4, 1994, etc.). Meanwhile, with respect to a judgment on litigation costs, an appeal may be filed without independent appeal and with respect to the final judgment on the merits (Articles 391 and 390 of the Civil Procedure Act). Any objection to a judgment on litigation costs shall be permitted in cases where the whole or part of an appeal on the judgment on the merits is well-grounded, and if an appeal on the merits is groundless, it shall not be permitted (see, e.g., Supreme Court Decision 98Da22048 delivered on September 8, 1998). The judgment of the first instance court accepted all the claims sought by the Plaintiff on the merits, so the Plaintiff cannot be said to have benefit in filing an appeal against the judgment on the first instance.
Furthermore, the purport of the Plaintiff’s appeal is substantially dissatisfied with the judgment on the costs of lawsuit in the first instance. As seen earlier, the Plaintiff’s appeal against the judgment on the merits is not allowed, since there is no interest in the appeal against the Plaintiff, and thus, only the Plaintiff’s appeal against the judgment on the costs
In conclusion, the plaintiff's appeal is unlawful, so it is decided to dismiss it. It is so decided as per Disposition.