1. The part concerning the conjunctive claim in the judgment of the court of first instance shall be revoked, and the plaintiff's lawsuit corresponding to the revoked part shall be revoked.

In the first instance court, the plaintiff sought a procedure for the registration of ownership transfer of the land of this case to the defendant, as stated in the purport of the claim, and the plaintiff sought a preliminary confirmation of the absence of the settlement money obligation related to the land of this case against the defendant.

The first instance court dismissed the plaintiff's primary claim and rendered a judgment citing only the conjunctive claim, and the defendant appealed against the conjunctive claim in the first instance judgment, which is only the part against which the defendant lost.

In such a case, the effect of the appeal by the filing of a lawsuit is naturally limited to the scope of the appeal by the defendant, i.e., the legitimacy of the judgment of the court of first instance which admitted the conjunctive claim, regardless of the scope of the appeal by the court of first instance. Thus, the main claim cannot be subject to the adjudication.

(see, e.g., Supreme Court Decision 94Da31624, Feb. 10, 1995). Accordingly, the subject of adjudication by this court is limited to the Plaintiff’s conjunctive claim by the Defendant.

Basic Facts

The court's explanation on this part is identical to the reasoning of the judgment of the court of first instance, and therefore cite it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The defendant's claim is essentially a nature of compensation for losses under the Urban Development Act. Among the lawsuit of this case, the preliminary claim is a dispute over a legitimate calculation of the liquidation amount, and thus, the judgment of the court of first instance violated jurisdiction.

Among the instant lawsuit, the conjunctive claim is unlawful as there is no benefit of confirmation, since the dispute is not resolved fundamentally, as long as the ownership of the instant land exists to the Defendant, even if accepted.

A plaintiff who has expertise in urban development projects shall file a lawsuit through an attorney-at-law, and the date of pleading shall be four times, and 14 times or more.