1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. In the first instance trial, the Plaintiff filed a claim to confirm the invalidity of the disposition imposing an amount borne by the person responsible for water supply as stated in the claim and filed a preliminary claim to revoke the said disposition.

The first instance court dismissed the plaintiff's primary claim and rendered a judgment citing only the conjunctive claim, and only the defendant appealed. The plaintiff did not file an incidental appeal.

In such a case, the effect of the appeal by a lawsuit is naturally limited to the whole of the case and the part concerning the main claim is also transferred to the appellate court. However, the scope of the appeal by the appellate court is limited to the validity of the judgment of the court of first instance which accepted the conjunctive claim by the defendant. Thus, unless there is an incidental appeal by the plaintiff, the main claim shall not be subject to the adjudication unless

(1) The Supreme Court Decision 200Meu852 delivered on December 26, 2002, etc. Therefore, the scope of the trial for the trial of the political party is limited to the part concerning the conjunctive claim among the judgment of the first instance court.

2. The court's explanation of this case is the same as the reasoning of the judgment of the court of first instance, and thus, citing this case in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

3. Thus, the plaintiff's conjunctive claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.