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(영문) 부산지방법원동부지원 2020.10.27 2020가단1624
건물명도 등
Text

1. The part concerning the claim for reinstatement among the lawsuit in this case shall be dismissed.

2. The defendant shall be the plaintiff.

(a) the annexed list;

Reasons

1. Indication of claims: To be as specified in attached Form 1;

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. In a part of a dismissal, the purport of the claim in a civil suit is to be stated in the complaint as necessary for the purpose of specifying the subject matter of the lawsuit and the scope of the trial by the court, so that the contents and scope thereof can be clearly identified.

However, among the lawsuits in this case, the claim for restitution does not specify the scope and contents of the “reusal”, and it cannot be deemed that the claim for damages in lieu of reinstatement is not clearly specified, since the cost required for reinstatement is not specified. Therefore, the claim for restitution is unlawful.

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