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(영문) 서울고등법원 2018.06.01 2017나28346
건물명도 등
Text

1. The remainder of the judgment of the court of first instance, excluding the part of the claim for the agreed amount among the primary claims that became final and conclusive by judgment of remand.

Reasons

1. Scope of the judgment of this court;

A. On the part of the Defendant, the Plaintiff filed a claim against the Defendant for the implementation of the procedure for the change of the name of the owner who restores the name of the building owner that was changed in the name of the Defendant in the future (which constitutes the primary claim of the “claim”; hereinafter “request for the delivery of the building and the implementation of the procedure for the change of the name of the owner”) and the claim for the payment of the agreed amount of KRW 1 billion (which constitutes the part within the “claim”; hereinafter “claim for the contract amount”). Preliminaryly, the Plaintiff asserted that the possession and the name of the owner of the building in the above case belong to the Defendant would result in excessive damages, and that the Plaintiff’s claim for the return of KRW 1 billion of damages would result in excessive damages. The court of first instance dismissed all the Plaintiff’s primary and conjunctive claims

B. The Plaintiff only appealed the entire judgment of the first instance. The appellate court prior to the remanded the Plaintiff’s appeal, and subsequently changed the judgment of the first instance by accepting part of the Plaintiff’s appeal and citing the claim for the delivery of the instant building and the execution of the procedure for changing the name of the owner of the instant building among the primary claims, and dismissing

(In citing the above part of the primary claim, it was not judged separately on the conjunctive claim.)

Therefore, only the Defendant appealed to the part against the Defendant in the judgment before remand, and the Supreme Court reversed the part against the Defendant in the judgment before remand and remanded.

In accordance with the above Supreme Court judgment, the part of the claim for the contract amount of this case among the primary claims against the plaintiff among the judgment that was rejected prior to remand was separated and finalized. Therefore, the judgment of this court is not separately determined in the judgment prior to remanding the claim for the delivery of the building of this case and the procedure for changing the name of the owner of the building of this case among the primary claims against

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