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(영문) 대법원 2016.01.14 2015다223435
손해배상(기)
Text

All appeals by Defendant C and E shall be dismissed.

The plaintiff's appeal and the defendant B, D, and F's appeal are all filed.

Reasons

1. We examine the appeal by Defendant C Incorporated Company (hereinafter “Defendant Company”) and E

The final appeal is a claim for revocation and alteration of a judgment disadvantageous to himself/herself in favor of him/her, and the final appeal against the judgment below in favor of him/her shall not be permitted as there is no benefit of appeal

(see, e.g., Supreme Court Decision 2009Da2996, Oct. 13, 2011). According to the reasoning of the lower judgment, the lower court reveals that the Plaintiff’s claim against the said Defendants was entirely dismissed.

Therefore, the appeal filed by the Defendants against the Plaintiff who won the entire award is unlawful as it does not have any interest in the appeal.

2. The plaintiff's grounds of appeal are examined. A.

As to the ground of appeal No. 1, on the grounds indicated in its reasoning, the lower court determined that the Plaintiff, as the owner of the site and the other co-owners, had ownership only within the limit of 1/5 of the remaining land, on the ground that the remaining land of this case was consistent with the said site, and ownership of the remaining land belongs to the Plaintiff and the other co-owners.

In light of the relevant legal principles and records, the above determination by the court below is just and acceptable, and there were no errors by misapprehending the legal principles on the ownership of trees planted on the land.

B. As to the ground of appeal No. 2, on the grounds indicated in its reasoning, the lower court determined that the damaged area did not have any evidence to specify even if a part of turf was damaged, even if the entire or considerable part of turf in the instant turf site was damaged, and it is difficult to view that the economic value was lost.

In light of the relevant legal principles and records, the above determination by the court below is just and acceptable, and there were no errors by misapprehending the legal principles as to the deliberation of damages, or by failing to exhaust all necessary deliberations.

C. As to the third ground for appeal

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