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(영문) 부산고등법원(창원) 2020.11.19 2020나11660

분담금 반환 등 청구의 소

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All the defendant's appeal and the plaintiff's incidental appeal are dismissed.

Expenses for an appeal and an incidental appeal shall be individually costs.

Reasons

1. Basic facts

A. The reasoning of the court’s acceptance of the judgment of the court of first instance is as follows.

Except as mentioned in paragraph (1), it is identical to the corresponding part of the judgment of the court of first instance, and thus, it is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. The second part of the judgment of the court of first instance, which was accepted by this court, was written by cutting “ apartment” in the 19th part of the judgment of the court of first instance into “multi-family housing” (hereinafter “instant apartment”).

The second sentence of the judgment of the first instance was received "(hereinafter the above housing construction project was referred to as "the project of this case")". It was conducted by the second sentence of the judgment of the first instance.

The third part of the judgment of the court of first instance is examined.

In the following paragraphs:

addition to subsection (1).

(C) An existing subsection (d)(d), (d), and (e)(b), respectively.

The Plaintiff paid to the Defendant a total of KRW 30,00,000 (total sum of KRW 1 through 4) with the 1,200,000 down payment as indicated below (hereinafter “payment details”), KRW 33,00,000 (total sum of KRW 5 or 7) with the 1,200,000 (payment details) and the 1,20,000,000 with the intermediate payment and the tax and public charges.

The charges for the first down payment of the deposit amount in the first down payment of the deposit date classified by sequence 1, 201/4, 11, April 1, 2011, 201, the charges for the second down payment of KRW 3,000 on November 5, 2014, and the charges for the second down payment of KRW 3,000,000 on November 5, 2014

2.2. 10,000,000 agency business expenses for 4.2.1/2015

2. 2. 5,00,000 won in the first intermediate payment (self-payment) 5.3/ April 3, 2016

4. On August 22, 2016, the second part of the intermediate payment (credit loans) KRW 60,300,000 on June 19, 300 and the second part of the intermediate payment (credit loans) KRW 70,000 on August 22, 2016, together with KRW 3,70,000 on the unpaid tax and public charges, KRW 63,00,000 on KRW 63,00,00 on the third part of the judgment of the first instance.

No. 5 of the first written judgment of the court of first instance shall be subject to the 3rd written judgment inside the first written judgment of the court of first instance.

Notice No. 12 of the 5th letter of the judgment of the court of first instance shall be given to "Notice".

The 6th letter of the judgment of the court of first instance shall be subject to the "agreement to join the association" in attached Form 17 inside the 6th letter of the judgment.

The judgment of the court of first instance is written.