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(영문) 서울고등법원 2014.11.27 2013나71083
토지인도등
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) ELS Industry Development Co., Ltd. and Defendant T are dismissed.

2...

Reasons

The court's explanation on this case is as follows: (a) adding to the judgment on the counterclaim that Defendant LSS System Industry Development first raised in the trial; and (b) except for dismissal, addition, and deletion under paragraph (2) below, it is identical to the corresponding part of the reasoning of the judgment of the first instance; and (c) thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Of the judgment of the court of first instance, the part of the judgment of the court of first instance, which is dismissed, added, and deleted, "Defendant 2 and 3" in the 20th sentence of the judgment of the court of first instance, shall be used as "Co-Defendant 1 of the court of first instance (hereinafter referred to as "forest industrial development") and "Korea Consulting Group" (hereinafter referred to as "Korea Consulting Group"), and "Defendant 1" in the first instance judgment shall be deemed as "Defendant ELS Industry Development" and "Defendant 2" as "forest industrial development".

Part V of the first instance judgment of the court of first instance, “Defendant 1 through Defendant 26” was read as “Defendant 4 and Defendant 26” to read “Defendant 3, Defendant G, H, I, H, M, N, M, P, Q, M, M, P, M, M, golf Korea Co-Defendant G, Defendant 1 in the first instance trial, and the consulting group” to read “Defendant 1 and Defendant 4 through Defendant 26”.

The judgment on the cause of the claim in Part 6 of the first instance judgment was used as "the judgment on the cause of the claim" in Part 2 of the second instance judgment, "the judgment on the cause of the claim" in Part 6, "the judgment on the cause of the claim" in Part 2 and Part 3 of the same part, "A." in Part 3 of the same part shall be added "(1)", "the date of the pronouncement of this judgment" in Part 14 of the same part "the date of the first instance judgment", "the date of the pronouncement of the judgment" in Part 19 of the same part "(2)", "3." in Part 8 of the same part "(b)", "A." in Part 8 of the same part "A.", "B." in Part 4 of the same part 8 shall be deemed "(1)", "(2)", and "B." in Part 11.

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