(영문) 광주지방법원 2019.04.25 2018나3348 | 리걸엔진

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 광주지방법원 2019.04.25 2018나3348

토지인도

Text

1. The plaintiff's appeal shall be dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. We examine whether the appeal of this case is lawful ex officio.

A. An appeal can only be filed against a judgment unfavorable to an appellant, and whether the judgment is disadvantageous to the appellant is determined as at the time of the filing of the appeal on the basis of the text of the judgment as the standard. Thus, an appeal against the judgment in the whole winning the judgment is unlawful as there is no benefit.

(See Supreme Court Decision 2007Da20235 Decided July 13, 2007, etc.). B.

On February 10, 2017, the Plaintiff filed the instant lawsuit against the Defendant on February 10, 2017, “The Defendant” against the Defendant: “Around May 29, 2018, the first instance court verified the instant land on April 25, 2018. The Plaintiff verified the Plaintiff’s claim on May 29, 2018, stating that “The Defendant,” among the annexed drawings 1,39,40,40,3,2, and 1 of the annexed drawings (other than the annexed drawings attached to the judgment of the first instance) among the annexed drawings 1,39,40,3,2, and 1 of the annexed drawings (the same is different from the annexed drawings attached to the judgment of the first instance court) connected the Plaintiff, in sequence, with the point of (A) 66m2,42,41-2, and the Plaintiff’s order of claim on May 20, 2018, which was the third day date for pleading C13,561m20.”

According to the above facts, it is reasonable to view that the plaintiff won the whole appeal in the first instance court in accordance with the purport of the claim changed on the third date for pleading of the first instance court. The appeal of this case filed against the court of first instance who won the entire winning judgment is unlawful as there is no

C. The Plaintiff asserts that there was no correction of the purport of the claim as above on the third date for pleading. However, if the contents of the pleading are specified in the pleading protocol, it is strong to the extent that such contents are presumed true, barring any other special circumstances.

참조판례

-대법원 2007. 7. 13. 선고 2007다20235 판결

유사 판례

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