분양대금
1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The reasoning for the court's explanation on this part is as follows: (1) between the first instance court's judgment No. 2, 2, 10 and 11, "D reconstruction project cooperative (hereinafter "small and medium enterprise cooperative") is a project implementer that newly constructs a "C" commercial building at the size of 4,144.3 square meters in the F market and Jung-gu Seoul, Jung-gu, Seoul. The plaintiff is an agent that entered into a general execution contract with the non-party cooperative on September 12, 2002 to acquire the right of lease of the above commercial building and sell it in lots; and (2) on September 5, 17, 2005, "all the plaintiffs and all the plaintiffs of the above case including the defendant" are as stated in the corresponding part of the judgment of the first instance court, and it is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on the defense prior to the merits
A. (1) As to the Defendant’s assertion that the Plaintiff sought payment of KRW 40,391,100 due to an increase in the area based on Articles 5, 6, etc. of the instant lease contract, the Defendant affirmed the instant compulsory adjustment decision that the Defendant would not file an additional lawsuit related to the instant lease contract against the Plaintiff prior to the filing of the instant lawsuit, on the grounds that the instant lawsuit violates the foregoing sub-committee agreement and is unlawful.
(2) As to the plaintiff's assertion, the plaintiff's claim for the purchase price was not subject to the lawsuit, and the purport of the compulsory adjustment decision of this case is premised on the validity of the lease contract of this case. The unpaid amount of the purchase price of the defendant et al. at the time was different, and the agreement entered into with other buyers outside the lawsuit that the plaintiff would pay the purchase price already occurred.