KCC 245/2001
The original dispute involved the validation of a company's share in some land. A key point was that an appeal changes the status of the ruling only in regard to the appealed area. A subsequent new request after an appeal on the appointment of an expert could not involve confirmation of the share in the land.
Background
A company filed a case against two defendants before the court. The company requested the court to appoint an expert in order to validate their share in some disputed land.
The court dismissed the case.
The company appealed the ruling before the court of appeal. The court upheld the appealed ruling.
The company appealed the ruling before the court of cassation. The company said in its grounds of appeal that the appealed ruling had insufficient evidence of causation and has violated the right of defence. The company said that it maintained before the court that it claimed the right to validate the mentioned share because it took the land over for 17 years but the court dismissed this defence