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(영문) 대구고등법원 2016.02.03 2015나21715

청구이의

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning for this court’s explanation is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, it is citing it by the main text of Article 420 of the Civil Procedure Act.

2. Determination on the defense prior to the merits

A. The plaintiff and the designated parties of the defendant's assertion (hereinafter referred to as the "designated parties for convenience") asserted that the sales contract for each apartment of this case was concluded with the defendant with respect to each apartment of this case, and they did not bear an obligation to compensate for the remainder of the purchase price until the transfer registration of ownership is completed in the future. However, at the time of entering into the sales contract of this case, the plaintiff and the designated parties (hereinafter referred to as the "designated parties for convenience") asserted that their share in each apartment of this case did not bear an obligation to compensate for the remainder of the purchase price until the plaintiffs completed the transfer registration of ownership in the future. However, at the time of entering into the sales contract

B. 1) Determination 1) It is recognized that the agreement to bring an action, one of the passive litigation requirements, is permissible when the parties to the agreement agree within the scope of the right to be disposed of, and is limited to a specific legal relationship, and is valid only to the circumstances anticipated at the time of the agreement (see, e.g., Supreme Court Decision 98Da63988, Mar. 26, 199). 2) According to the evidence No. 1, Article 17 of the sales contract of this case provides that “The buyer shall be aware of the specificity and contract matters of this case and shall not subsequently file a claim for any lawsuit against the seller in connection with this sales contract.”

However, on the other hand, ① each contract for the sale in this case does not specify specifically what the buyer can not file for the lawsuit in relation to each contract for the sale in this case, ② regulation of terms and conditions.