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(영문) 서울고등법원 2018.06.15 2018나2007052
토지인도
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Scope of adjudication of this court;

A. The following facts are clear on the records.

(1) On January 11, 2018, the first instance court dismissed the remainder of the instant lawsuit, excluding the portion of the claim for land delivery, and rendered a judgment citing the portion of the claim for land delivery.

(2) On January 23, 2018, the Plaintiff filed an appeal against the part of the first instance judgment against the Plaintiff.

However, the defendant did not file an appeal or incidental appeal against the part of the first instance judgment against the defendant.

B. According to the facts acknowledged earlier, the part against the defendant in the judgment of the court of first instance (the part on the claim for delivery of land) was also subject to the trial. However, the scope of the judgment of this court is limited to the part against the plaintiff in the judgment of the court of first instance (excluding the remaining part on the claim for delivery of land) against the plaintiff, who

2. The reasoning of the judgment of the court of first instance regarding this case is that concerning the remaining claims except the claim for land delivery among the grounds of the judgment of the court of first instance.

Therefore, it is accepted by the main text of Article 420 of the Civil Procedure Act as it is.

3. Conclusion, the part seeking the removal or removal of the obstacles of this case among the lawsuit of this case is unlawful and thus, it must be dismissed.

Of the judgment of the court of first instance, the part concerning the claim for removal or removal of the obstacles of this case is justifiable in conclusion.

Therefore, the plaintiff's appeal is dismissed because it is without merit.

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