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(영문) 서울고등법원 2015.06.30 2014나46749
구상금
Text

1. The plaintiff's appeal is dismissed.

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

3. Claim and purport of the claim made on January 13, 2015.

Reasons

1. Whether the purport of the claim as of January 13, 2015 and the cause of the claim are legitimate

A. On January 13, 2015, the Plaintiff’s assertion 1) filed an application for modification of the purport of the claim and the cause of the claim. The purport of the claim is to seek payment of KRW 180,00,000 and KRW 391,669,971 out of the amount of farmland sales revenue settlement, and KRW 180,000 to the Defendant on September 4, 2007. ② The Plaintiff leased KRW 180,00,000 to the Defendant on September 4, 2007; ② the Plaintiff agreed to settle the proceeds of sale of KRW 2,744 square meters prior to E, Gwangju, Gwangju, 3,264 square meters prior to 3,264 square meters, and KRW 358,30,3029 (7,60,6050,500, KRW 970, KRW 9700, KRW 97500, KRW 97,000, KRW 97500.

‘' is the same.

2) As to the Defendant’s assertion, the Defendant asserts that the Plaintiff’s above claim and the amendment of the cause of the claim are unlawful since they are not identical to that of the claim before the amendment. B. The Plaintiff in a civil lawsuit may alter the purport or cause of the claim until the closure of pleadings by the fact-finding court within the extent that the basis of the claim does not change, unless it substantially delays the litigation procedures (Article 262(1) of the Civil Procedure Act, and Article 262(1) of the court shall make ex officio or upon request of the other party, a decision not to grant permission where the alteration is deemed unjust because it does not have the identity of the basis of the claim

The purpose of recognizing the amendment of claims is to achieve the rational resolution of disputes between the parties requested as a lawsuit and to simultaneously promote the litigation economy.

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