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(영문) 울산지방법원 2016.08.19 2016가단12471
건물명도
Text

1. The part concerning the claim for reinstatement among the instant lawsuit shall be dismissed.

2. The defendant shall be the plaintiff.

(a) the real estate listed in the annex;

Reasons

1. Of the instant lawsuits, the purport of the claim in a civil suit regarding the part of the claim for restitution should be specified in detail so that the content and scope of the claim can be clearly identified in the complaint for the subject matter of the lawsuit and the specification of the trial scope of the court.

A lawsuit for which the purport of a claim is not clearly specified shall not be exempted from dismissal because it is unlawful, and the court shall ex officio examine whether the purport of the claim is specified.

Among the lawsuits of this case, the part claiming restitution is unlawful because the entries of the purport of the claim alone do not clearly confirm the specific contents, such as the meaning, point or condition that serves as the basis for reinstatement, and the structure and area of the object seeking restitution.

2. Determination as to remaining claims (determination as to requests for delivery of a building);

(a) Indication of claims: as shown in the Appendix “Cause of Claim”, except for the part of the claim for restitution;

(b) Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

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