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1. The Plaintiff’s appeal as to the removal of each building to Defendant E, G, H, I, and J and the claim for the delivery of land shall be dismissed.
Reasons
1. Determination as to an appeal against Defendant E, G, H, I, and J as to the removal of each building and the claim for the delivery of land
A. An appeal of the relevant legal principles is seeking revocation or alteration of a judgment disadvantageous to an appellant in favor of him/her, and whether the judgment is disadvantageous to appellant is determined as at the time of filing an appeal on the basis of the text of the judgment. Thus, there is no benefit in filing an appeal for the extension or alteration of a claim, without special circumstances, such as the case of expanding the remaining part of the claim in respect of the entire winning judgment, and further, if the appeal by the party who won the entire winning judgment is illegal as it does not have the benefit of appeal as above, it is evident that such defect cannot be corrected. Thus, the appellate court can render a judgment dismissing the appeal without pleading
(Supreme Court Decision 9Da65899 delivered on February 22, 2000). B
Judgment
In light of the above relevant legal principles, according to the records of the first instance court, the Plaintiff won all of the removal of each building and the request for the delivery of land against Defendant E, G, H, I, and J. The Plaintiff did not state that each of the above claims against the said Defendants was an implied partial claim by the closing date of the argument in the first instance trial, and no circumstance exists to presume this.
Therefore, this part of the appeal against the above Defendants is dismissed as it is unlawful because there is no benefit of appeal.
2. Determination as to the removal of each building and claim for the delivery of land against Defendant B, C, D, F, and K
A. On August 14, 1972, when the deceased M owned the instant L land, the deceased M is a brick house, a warehouse of 52.2 square meters and a brick house, and a warehouse of 16.2 square meters (hereinafter “the instant first building”).
2) As the deceased on January 15, 1982, the deceased’s spouse net N was around Daegu District Court 93No3311, Daegu District Court racing support around that time.