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(영문) 수원고등법원 2020.02.19 2019누12223

채무부존재확인의 소

Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. In the first instance court’s trial scope, the Plaintiff requested confirmation of non-existence of the cost of moving a house as the principal lawsuit and demanded confirmation of non-existence of the obligation to establish and implement the relocation measures, and the Defendant requested payment of the cost of moving a house as a counterclaim and

The first instance court accepted the plaintiff's claim for confirmation of non-existence of relocation expenses, rejected the claim for confirmation of non-existence of relocation expenses, and dismissed the defendant's claim for payment of relocation expenses among the defendant's counterclaim, and rejected the claim for selection of the person subject to relocation measures

The defendant appealed against the part of the judgment of the court of first instance as to the principal lawsuit only against the defendant's claim for confirmation of non-existence of the cost of relocation and the claim for payment of the cost of relocation in the judgment of first instance as to the counterclaim.

The scope of the judgment of this court is limited to the claim for non-existence of the cost of moving a house and the claim for the payment of the cost of moving a house among the judgment of the first instance concerning the counterclaim.

2. The reasoning of the judgment of this court concerning the subject matter of the judgment of this court is the same as that of the judgment of the court of first instance, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

3. Conclusion, the first instance judgment is justifiable, and the defendant's appeal is dismissed.