(영문) 대전지방법원 2017.05.26 2016나8051 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2017.05.26 2016나8051

토지인도 등

Text

1. The appeal by the defendant (appointed party) is dismissed;

2. The costs of appeal shall be borne by the defendant (appointed party).

Reasons

1. In the first instance trial, the Plaintiff filed a request for removal, a request for delivery, and a request for restitution of unjust enrichment against the Defendant and the appointed party. The first instance court dismissed part of the request for the extradition against the appointed party, and accepted all of the remaining claims.

Since the Defendant appealed only to the part of the first instance judgment regarding the removal claim and the above cited extradition request, the scope of this court’s trial is limited to each of the above parts.

2. The reasoning for this part of the reasoning is as stated in the judgment of the court of first instance, except for the deletion of the reasoning as follows. Therefore, this part of the reasoning is cited by the main sentence of Article 420 of the Civil Procedure Act.

Written judgment of the first instance is subject to the 4th through 6th sentence.

subsection (b) shall be set aside.

The judgment of the court of first instance is in accordance with the 4th through 10th of the judgment, "the result of entrustment of the appraisal of the appraisal corporation of this court to the Japanese Appraisal Board".

3. The reasoning for this part of the judgment of the court concerning the cause of the claim is the same as that of the 4th judgment of the court of first instance from the 13th to the 6th 11th am. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420

4. The reasoning of this court’s determination on the Defendant’s assertion is as stated in this part of the judgment of the court of first instance from 7th to 10th end of the judgment, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

5. In conclusion, the first instance judgment is just and the defendant's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

참조조문

-민사소송법 제420조

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