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(영문) 서울고등법원 2017.03.17 2016나2067678

분양대금반환

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the judgment of the court of first instance, with the exception of “the second order” below, and thus, it is acceptable as it is in accordance with the main sentence

2. From 2th to 13th of the judgment of the court of first instance in the area of height, “Sayang Construction Industry Co., Ltd. (the individual notification will be made later if any change is made to a certain scale)” means “Yayang Construction Industry Co., Ltd. (the trade name after the change is made: Acheon Construction Co., Ltd.; hereinafter referred to as “Acheonyang Construction”)” and “Yayang-gu, Yandong-gu, Mayang-gu, and four parcels of land (148.67m2, building area, 80.91m2, building site exclusive use area, 13.157m2 (hereinafter referred to as “the apartment of this case”) are sold in lots in KRW 274,725,00,00, 1000 won through intermediate payment, 22,500,000 won through intermediate payment, 80,000 won through individual intermediate payment, 100,509,10000 won through intermediate payment.

The "Sayang Construction Industry" of the 16th 16th 16th tier judgment shall be amended to "Acheon Construction".

In the second instance judgment of the first instance, “Acheonyang Construction Co., Ltd. (1111-023941) (hereinafter referred to as “Acheon Construction”) and “Acheonyang Construction Co., Ltd. (hereinafter referred to as “Acheonyang Construction”)” are amended to “Acheonyang Construction Department”.

"Acheonyang Construction" shall be added to the second 19th "the same day" of the judgment of the first instance.

"One asset trust of a stock company" in the second week of the judgment of the first instance shall be amended to "Defendant".

The third instance judgment of the first instance shall be amended on May 28, 2009 to " June 9, 2009" in the first instance judgment to " May 28, 2009, and June 9, 2009."

The third five parallels in the first instance judgment “Tat 8” shall be amended to “2010Hau8”.

The third 18 parallel of the judgment of the first instance shall be amended to "2010Hau8".

The authority to dispose of "the right to dispose of" shall be modified to "the right to dispose" in the third 20th of the judgment of the first instance.

3. In conclusion, the judgment of the court of first instance is examined.