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(영문) 부산고등법원(창원) 2019.08.21 2018누11954
이주자택지공급거부처분취소
Text

1. The plaintiff's appeal against the part against the defendant among the judgment of the court of first instance and the preliminary claim added by this court.

Reasons

1. We examine, ex officio, whether the appeal against the defendant among the judgment of the court of first instance against the defendant is legitimate or not, of the judgment of the court of first instance, as to the part against the defendant against the defendant.

On March 22, 2017, the Plaintiff only claimed in the first instance court that “The Defendant’s exclusion of a person subject to compensation for loss (a person subject to measures for relocation and a person subject to measures for relocation) is revoked” (this court’s main claim).

On March 22, 2017, the court of first instance rendered a judgment that "the part of the disposition that excluded the person subject to livelihood measures (the person subject to relocation measures and the person subject to livelihood measures) by the defendant from the disposition that excluded the person subject to livelihood measures shall be revoked, and the remaining claims are dismissed."

In other words, according to the judgment of the court of first instance, the part of the plaintiff's claim seeking the cancellation of the disposition of exclusion of the person subject to relocation measures against the plaintiff (the defendant's winning in favor) and the part of the plaintiff's claim seeking the cancellation of the disposition of exclusion of the person subject

The plaintiff filed an appeal against the judgment of the court of first instance, including not only the part against which the plaintiff lost but also the part against which the defendant lost.

(B) In the judgment of the court of first instance, the part against the defendant in the judgment of the court of first instance against the plaintiff was accepted in its entirety, and thus, the appeal can only be lodged against the plaintiff's disadvantage, and whether the judgment is disadvantageous to the appellant should be determined as at the time of filing the appeal (see, e.g., Supreme Court Decisions 95Nu10587, Dec. 26, 1995; 98Du11915, Nov. 10, 198); and the part against the defendant in the judgment of the court of first instance against the plaintiff is not disadvantageous to the plaintiff, and therefore, the plaintiff has no benefit in filing the appeal against that part.

As to this, the plaintiff is justified in the part against the defendant among the judgment of the court of first instance.

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