분양대금반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the court's explanation concerning this case is as stated in the judgment of the court of first instance, in addition to the following parts, and therefore, it is acceptable to accept this case as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Of the judgment of the first instance court in which the part was used, “Defendant B Co., Ltd.” is “original Co-Defendant B Co., Ltd.”; “Defendant Co-Defendant Company” is “original Co-Defendant Company”; “Defendant C” is “Defendant”; and “Defendants” is “Defendant and Co-Defendant Company of the original instance.”
Since the defendant's defense that the above document is not written, according to each of the statements in subparagraphs 4, 4, and 1 and 2 of subparagraphs 1 and 2, the defendant's seal is attached to the certificate (Evidence A 4) written on the same date as the evidence No. 3 of subparagraphs 1 and 2 of the above document, but the above certificate is stated as being prepared by G on behalf of the defendant, and the fact that the plaintiff's case against which the plaintiff filed a fraudulent complaint against the defendant was determined as having been innocent for lack of evidence is recognized.
However, the third-party 7 of the first instance court's decision "No evidence" to the third-party 8 shall be added as follows.
The following circumstances, which are acknowledged as being comprehensively taken into account the statements in Gap evidence 7, Eul evidence 2 and Eul evidence 2 as well as Eul's testimony by the witness of the trial court, i.e., ① the plaintiff filed a complaint against the defendant as a crime of fraud, but the plaintiff was aware that the defendant did not use the purchase price of the sales contract of this case and decided to be guilty by cancelling the complaint, and there was no direct decision as to whether the defendant directly prepared the above documents. ② The witness H of the trial court testified to the purport that he was aware of whether a third party other than the defendant was prepared the above documents because he did not attend at the time of the conclusion of the sales contract of this case, and ③ the defendant was in a relationship by marriage with the actual manager I of the joint defendant company of the