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(영문) 대전지방법원 2017.02.10 2016나4059
토지인도 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Claim:

Reasons

1. The plaintiff in the first instance court against the defendant for the prohibition of interference with traffic and requests for the delivery of land. The first instance court accepted the part of the claim against the defendant for the delivery of land and dismissed the part of the claim for the prohibition of interference with traffic. Since only the plaintiff appealed the part against the defendant and the part of the claim for the delivery of land against the defendant became final and conclusive, the scope of the trial on the party trial is limited to the part of the claim against

2. The grounds for the court’s explanation on the merits of this case are as stated in the reasoning of the judgment of the first instance, except for correcting “Defendant C” in the part of “1. Basic Facts” to “Joint Defendant C of the first instance trial,” and eliminating each assertion and judgment regarding “request for the transfer of land to the Defendant clan” and “request for the return of unjust enrichment against Defendant C”. Accordingly, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. In conclusion, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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