logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2018.10.05 2018나51
토지인도 등
Text

1. The amount of money that became final and conclusive by the judgment of remanding the principal lawsuit against the Defendant (Counterclaim Plaintiff) in the judgment of the court of first instance.

Reasons

1. Scope of the judgment of this court;

A. In the first instance trial, the Plaintiff filed a claim against B for the return of unjust enrichment of the amount equivalent to the rent for each of the above lands by the completion date of delivery of each of the above lands, namely, the delivery of each of the lands listed in the separate sheet, ② the removal of fruit trees and pipes planted or installed on each of the above lands, ③ the removal of fruit trees and pipes on each of the above lands, ③ the court of first instance accepted the claim for the above paragraphs (1) and (3), and ② the claim for

On the other hand, in the first instance court, B claimed the main and conjunctive counterclaim, and added the main and conjunctive counterclaim claim in this court prior to the remanding. B’s counterclaim claim becomes final and conclusive through the judgment of the first instance court or the judgment of the remanding, and it does not fall under the scope of the judgment of the court after the remanding. Therefore, the process of the lawsuit is not stated separately.

In this regard, only B appealed with respect to the part against B in the principal lawsuit, and this Court accepted part of the appeal by B before the remand, and accepted part of the appeal by B, and dismissed the remainder of the appeal by admitting only part of the claim by the Plaintiff.

Accordingly, the plaintiff filed an appeal on the other hand, while Eul filed an appeal on the other hand, it is about the part against which part of the primary counterclaim of the judgment prior to the remand.

The court of final appeal partially accepted the Plaintiff’s appeal and reversed the part against the Plaintiff as to the claim for payment of the principal claim against the Defendants (B died on September 9, 2015 and the Defendants taken over the lawsuit) in the judgment before remanding. The remaining appeals by the Plaintiff were dismissed.

B. Specific litigation process regarding the claim for payment of the principal lawsuit and the scope of the judgment of this court 1 is that the Plaintiff filed a claim against the Defendants for the payment of the principal lawsuit against the Defendants, and the Plaintiff’s delay damages from April 30, 2010 to December 31, 2010 regarding the amount of unjust enrichment equivalent to the rent for possession of each land listed in the separate list of the land to be located within the scope of the lower court.

arrow