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(영문) 창원지방법원 2019.10.18 2018나61625
유치권 부존재 확인
Text

1. The plaintiff shall dismiss the incidental appeal.

2. The Defendants are subject to a claim for exchange change in this court.

Reasons

1. We examine, ex officio, whether the incidental appeal of this case is lawful.

The incidental appeal is required to be a motion to extend the scope of the appellate trial in favor of the appellant by taking advantage of the appellate procedure initiated by the appellant by the appeal of the appellant, and the main appeal is being lawfully pending.

Where an incidental appeal is filed in order to change a lawsuit to exchange at an appellate court, the judgment of the first instance which has lodged an appeal shall become null and void, and the appellate court shall become the first instance against the filing application, and as long as the subject matter of the other party's main appeal has ceased to exist, the incidental appeal which requires the lawful

On January 9, 2018, the Plaintiff filed a lawsuit against the Defendants on January 9, 2018, seeking confirmation of the absence of a lien by the Defendants as to each of the real estate listed in the separate sheet No. 1, and (a) delivery of the portion of the real estate (Ga) connected in sequence 1, 2, 3, 4, and 1 as indicated in the separate sheet No. 2, and won all of the judgment of the first instance on October 24, 2018. The Defendants filed an appeal seeking revocation of the judgment of the first instance on October 26, 2018 and dismissal of the Plaintiff’s claim. The Plaintiff collected the above excavation machine on his own around November 27, 2018, and the Plaintiff newly installed the container and banner on the real estate of this case on the real estate of this case, and the purport of seeking a new modification of the purport of the claim No. 1, which newly stated the purport of the claim No. 1, 2019.

Examining the above facts in light of the legal principles as seen earlier, the Plaintiff’s above purport of claim and the application form for change of the cause of claim is submitted, and the part concerning the collection and delivery of real estate in the judgment of the first instance is the claim as stated in the B of claim.

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