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(영문) 대전지방법원 2019.11.20 2019가단16755
건물명도 등
Text

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

2. The defendant shall be the plaintiff (appointed party) and the appointed party.

Reasons

1. The description of the claim is as shown in the separate sheet of claim “the cause of claim” and “the cause of claim after modification.”

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

3. The rights or legal relations that are determined as the subject matter of a lawsuit in a civil lawsuit shall be specified in detail so that the contents and scope of the rights or legal relations can be clearly identified. If the subject matter of a lawsuit is not specified, the subject matter to be deliberated and determined by the court and the effect and scope of the judgment are not specified. Thus, whether the subject matter of a lawsuit is specified or not belongs to the matter to

(see, e.g., Supreme Court Decisions 2010Da87641, Mar. 10, 201; 201Da28946, Mar. 14, 2013). ex officio, the following: (a) the Plaintiff (Appointed Party) and the appointed party C seek restitution of real estate indicated in the separate sheet against the Defendant; (b) however, the description of the above claim cannot be deemed as having specified the subject and method of restitution to the extent that it does not interfere with the Defendant’s performance of obligations or compulsory execution; and (c) thus, it is inappropriate to dismiss the claim.

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