1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

1. Basic facts

A. On April 201, Hyundai Industrial Development Co., Ltd. (hereinafter “Modern Industrial Development”) filed a lawsuit against the Plaintiff on the ground of the Plaintiff’s deprivation of possession by the Plaintiff (hereinafter “Modern Industrial Development”) ① India No. 104 and No. 602 of Mapo-gu Seoul E 104, and ② a lawsuit seeking damages (Seoul Western District Court 201Gahap4834). On June 29, 2012, the said court rendered a judgment to invalidate the claim for the delivery of the above apartment and dismissed the claim for damages.

Modern Industrial Development filed an appeal (Seoul High Court 2012Na67568) against the whole judgment of the first instance, and added a claim for immediate delivery on the premise of the plaintiff's possession recovery. The above appellate court dismissed the appeal for the development of modern industrial development relating to the claim for damages (in the absence of a separate determination as to the preliminary claim) while accepting the main claim for the claim for the delivery of the above apartment.

On the other hand, only the plaintiff appealed to the part against the plaintiff (the part on delivery of the apartment) and filed an appeal (Supreme Court Decision 2013Da85943), and the court of final appeal reversed and remanded the above judgment of appeal on this part.

B. On January 25, 2017, the appellate court (Seoul High Court 2016Na11563) rendered a judgment on January 25, 2017 that the appellate court dismissed both the appeal for development of modern industry and the preliminary claim added in the appellate court before remand, and the total costs of the lawsuit are borne individually.

C. The remaining Defendants except the Defendant Republic of Korea (hereinafter “the aforementioned Defendants”) are judges who were in charge of the appellate trial after remanding the case.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The remainder of the Plaintiff’s assertion violates the provisions of the Civil Procedure Act concerning the burden of litigation costs in the Seoul High Court Decision 2016Na11563, which is the judgment of the appellate court after remanding the case.