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(영문) 부산지방법원 2018.05.11 2017나53668
보상금 지급청구의 소
Text

1. The appeal against the counterclaim by the plaintiff (Counterclaim defendant) is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

Reasons

1. In the first instance court’s trial scope, the Plaintiff filed a claim for the rent pursuant to the superficies contract as the principal lawsuit, and the Defendant filed a claim for the restoration of the original claim following the termination of superficies contract as a counterclaim, and the court of first instance partly accepted the principal claim and the counterclaim claim.

Accordingly, the judgment of this court is limited to the part of the counterclaim claim, since only the plaintiff appealed the part of the counterclaim claim.

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 in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[However, the part of the main claim does not fall under the scope of the appellate court's judgment, and it does not accept the part concerning the above claim among the grounds for the judgment of the court of first instance (the part concerning conduct 6 through 13 of the judgment of the court of first instance). 3. As such, the defendant's counterclaim against the plaintiff is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. The judgment of the court of first instance is just in conclusion, and the appeal against the plaintiff's counterclaim is dismissed. It is so decided as per Disposition.

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