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(영문) 전주지방법원 2020.12.23 2019나10135
토지인도 등
Text

1. All of the appeals filed by the plaintiff (Counterclaim defendant) and the incidental appeals filed by the defendant (Counterclaim plaintiff) are dismissed.

2...

Reasons

1. The judgment of the court of first instance cited the main claim, dismissed the main claim, and partly accepted the main claim, and dismissed the remainder.

As to this, the plaintiff appealed only on the part cited in the conjunctive claim among the counterclaims, and the defendant succeeding intervenor appealed only on the part dismissed in the conjunctive claim among the counterclaims.

Therefore, this Court examines only the preliminary counterclaim claim.

2. The court's explanation of this decision is identical to the part concerning the preliminary counterclaim among the judgment of the court of first instance, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(The grounds for the plaintiff and the defendant succeeding intervenor's assertion in the trial are as alleged in the court of first instance, and even if the evidence submitted in the court of first instance and the additional evidence submitted in the trial are examined, the fact-finding and judgment of the court of first instance are recognized as legitimate). The plaintiff asserts that the judgment of the court of first instance on the part arising from a counterclaim among the costs of lawsuit is improper.

In the case of a partial failure lawsuit, the court determines the costs of lawsuit to be borne by the parties, but according to the circumstances, one party may bear the whole costs of lawsuit (Article 101 of the Civil Procedure Act). In light of the progress of the lawsuit in this case, the decision of the court of the first instance that made the plaintiff bear the costs of lawsuit due to the counterclaim is unreasonable.

3. In conclusion, the part of the judgment of the court of first instance as to the conjunctive counterclaim is justifiable. Thus, the plaintiff's appeal and the incidental appeal of the defendant succeeding intervenor are dismissed as it is without merit.

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