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(영문) 부산고등법원(창원) 2017.09.21 2016나1055
방음설비설치
Text

1. Of the judgment of the court of first instance, the part against the Defendant against the Plaintiffs and the Intervenor succeeding to the Plaintiff shall be revoked.

Reasons

1. Scope of trial of this court after remand;

A. The proceedings of the instant case are as follows.

1) Of the plaintiffs' claims against the defendant and future construction, the first instance court dismissed both the primary claim (claim for Installation of Soundproof Tunnels) and the first preliminary claim (claim for Damages equivalent to the cost of soundproof tunnels), and partly accepted the second preliminary claim (claim for Damages in accordance with noise). The defendant appealed against the defendant as to the second preliminary claim (Non-appeal for Construction) (Non-Appeal for Construction) and filed an incidental appeal against the part against the defendant as to the second preliminary claim (Non-Appeal for Construction). The plaintiffs filed an incidental appeal against the part against the plaintiffs as to the second preliminary claim in the first instance court which they lost in the course

3) Before remand, this Court dismissed both the Defendant’s appeal against the Defendant and the Plaintiffs’ incidental appeal against the Defendant. 4) The Defendant filed an appeal against the part against the Defendant regarding the second preliminary claim, and the Plaintiffs did not file an appeal against the part against the Plaintiffs among the primary claim and the second preliminary claim.

5) The appellate court accepted the defendant's appeal and reversed the part against the defendant as to the second preliminary claim, and remanded this part to this court. In conclusion, among the plaintiffs' claims, the first preliminary claim, and the part against the plaintiffs as to the second preliminary claim, which became final and conclusive because the plaintiffs did not appeal or appeal. After the remand, the judgment of this court is limited to the part against the defendant as to the second preliminary claim which was reversed by the judgment of remand ( Accordingly, this court after the remands this case, is limited to the part against the defendant as to the second preliminary claim which was reversed by the judgment of remand (the claim of this court as to the first preliminary claim

The primary claim: The defendant's primary claim is 236 meters in length and width to the part of the ship which connects each point of the attached Form 3 of the judgment of the first instance to the plaintiffs in order to indicate the attached Form 3 of the judgment of the first instance.

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