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(영문) 광주고등법원 2020.02.05 2019나22837
건물철거 등
Text

1. Defendant C’s appeal is dismissed.

2. The costs of appeal shall be borne by Defendant C.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Scope of the judgment of this court;

A. In the first instance trial, the Plaintiff, under the premise that Defendant B, D, Selection E, and F is the owner of the instant building, is the primary Defendant. The Plaintiff sought the removal of each of the instant lands on the ground, the delivery of the part occupied by the instant building among the instant lands, and the return of unjust enrichment equivalent to the rent from the possession of each of the instant lands, and the return of unjust enrichment from the possession of each of the instant lands. In preparation for the case where the claim against the Defendant B, D, Selection E, and F is dismissed, the Plaintiff sought the removal of each of the instant lands on the premise that the Defendant C is the owner of the instant building, the delivery of the portion occupied by the instant building among the instant lands, and the return of unjust enrichment equivalent to the rent from the possession of each of the instant lands.

The court of first instance ruled that the plaintiff's primary claims against the defendant B, D, the designated parties E, and F are all dismissed, and that the plaintiff's primary claims against the defendant C, among the ancillary claims against the defendant C, the claim for the removal of the building and the claim for the delivery of the land, and that the claim for

On the other hand, only the defendant C appealed against the judgment of the court of first instance.

B. In a subjective preliminary co-litigation, if an appeal is filed against any one of the primary co-litigants and the conjunctive co-litigants, the part of the claim against the other co-litigants shall also be subject to the appellate court's judgment. In such a case, the subject of the appellate court's judgment shall be determined by taking into account the necessity of the consolidated conclusion of the conclusion between the primary co-litigants and their other parties (see, e.g., Supreme Court Decisions 2006Du17765, Mar. 27, 2008; 2009Da43355, Feb. 24, 2011); and the subject of the appellate court's appeal against the primary defendant B, D, Appointor, E, and F by the appeal of the conjunctive defendant C, the subject of the appellate court's judgment shall also be judged by this court on the basis of the need for the integrated determination.

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