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(영문) 부산지방법원 2019.12.10 2019가단13069
건물인도 등
Text

1. The part concerning the claim for reinstatement among the lawsuit in this case shall be dismissed.

2. The Defendant: from 70,000,000 to 70,000 won from the Plaintiffs, on September 2, 2019.

Reasons

1. Indication of claims: To be as specified in attached Form 1;

2. Judgment without holding any pleadings: Articles 208 (3) 1 and 257 of the Civil Procedure Act.

3. In a part dismissed in a civil suit, the purport of the claim is to be stated in the complaint as necessary for the purpose of specifying the subject matter of the lawsuit and the scope of the trial by the court, so that the contents and scope of the claim can be clearly identified.

However, in relation to the claim for restitution of the part of the real estate stated in the purport of the claim among the lawsuit in this case, since the scope and contents of the “reusal” are not specified specifically, it cannot be seen that the Plaintiff seeks damages in lieu of restitution due to the failure to specify the expenses incurred by the restoration.

Therefore, the part of the claim for restitution among the lawsuits of this case is unlawful because the purport of the claim is not clearly specified.

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