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The appeal of this case is dismissed.
The costs of appeal are assessed against the plaintiffs.
Purport of claim and appeal
1. Purport of the claim.
Reasons
1. Although the court of the first instance rendered a judgment citing the whole claim of the plaintiffs as to the legitimacy of the appeal of this case, the plaintiffs appealed against the judgment of the court of the first instance, and asserted that "the plaintiffs are expected to expand the purport of the claim in the appellate court, and ordered each of the costs of lawsuit against the principle of the party who lost the costs of lawsuit, so the appeal of this case was brought to the appellate court in order to seek a judgment ordering the defendant to bear the costs of lawsuit."
Since an appeal is seeking change in favor of himself/herself in relation to a judgment unfavorable to himself/herself, the appeal is not permitted against the judgment in full winning the appeal. In principle, whether the judgment is disadvantageous to the appellant or not shall be determined on the basis of the text of the judgment in principle. However, in cases where a lawsuit seeking performance of a claim for performance of a divided claim is filed and it is not clearly stated that the remaining part is reserved and only a part is claimed, the res judicata effect of the final and conclusive judgment shall extend to the remaining parts, and thus, it cannot be re-claimed against the remaining parts by a separate lawsuit. Thus, if an appeal is not permitted to expand the remaining parts, the obligee
Therefore, in such a case, the interest of appeal in order to expand the claim against the remainder of the whole winning judgment should be determined exceptionally.
(See Supreme Court Decision 96Da12276 delivered on October 24, 1997). According to the first instance judgment and the record, the plaintiffs demanded an increase in compensation for the land expropriated, and the compensation determined in the complaint of this case submitted by "in the complaint of this case" is assessed at an appropriate price.