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(영문) 서울고등법원 2016.06.23 2015나2073096
손해배상(기)
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. In the instant case where the Plaintiffs filed for damages against the Defendant in the form of selective co-litigation pursuant to Article 70 of the Civil Procedure Act, the first instance court accepted the Plaintiff’s claim and dismissed the Plaintiff’s claim, and only the Defendant filed an appeal.

However, the subjective selective co-litigation is a form of litigation in which all co-litigants with respect to a single legal relationship should settle a dispute simultaneously in one litigation procedure without contradiction, and only the defendant filed an appeal against the judgment of the first instance court.

Even if the plaintiff B's claim is confirmed according to the necessity of the unity of the conclusion, the part of the plaintiff B's claim shall be prevented, and it shall be transferred to this court, which is the appellate court, and

2. The reasoning of the court’s explanation concerning this case, such as the acceptance of the judgment of the court of first instance, is as stated in the reasoning of the judgment of the court of first instance, except where the relevant part of the judgment of the court of first instance is modified as stated in the following three, thereby citing it as is in accordance with the main sentence

3. Parts to be dried;

(a) revise each of the following four pages 1 and 12 to " August 24, 1994" respectively:

(b)For the following five pages, the registration of initial ownership” and the registration of initial ownership in the name of the Defendant “a modification”:

(c) at the end of five pages (hereinafter referred to as “the last sentence”) have been filed. It shall be amended to “the following:”

(d) revise “Evidence A1 to 6” of 7 pages 11 to “Evidence A1 to 6, 8”;

E. From 10 to 11 of the following, the amended Farmland Reform Act has provided for a system by which a distributor of farmland, who did not complete reimbursement under Article 19(1), voluntarily, or fully or partially, returns farmland. As to the procedure, Article 50 of the former Enforcement Rule provides that the Farmland Reform Committee at the seat of farmland, in accordance with Article 19 of the former Farmland Reform Act, shall return farmland to the Gu, Si, or Eup.

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