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(영문) 서울고등법원 2018.05.31 2017나2072073

분양대금 청구

Text

The plaintiff's appeal against the defendants is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. In relation to the Plaintiff’s claim against the Defendants, Defendant B, D, and F filed a counterclaim against the Plaintiff.

The first instance court dismissed all of the plaintiff's claims against the above defendants and dismissed all of the conjunctive claims against the above defendants, while admitting all of the defendants' claims against the plaintiff. Since the plaintiff filed an appeal only against the main claim, the plaintiff and the above defendants are subject to the judgment of this court.

2. The grounds for this part of the facts of recognition are as follows, and the part of “1. Facts of recognition” with the reasoning of the judgment of the first instance is identical to that of “1. Facts of recognition.” Thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

The term "Defendant C" is "Co-Defendant C of the first instance trial", "Defendant E" is "Co-Defendant E of the first instance trial", "Defendant H" is "Co-Defendant H of the first instance trial", "this court" is "Seoul Western District Court", and "Seoul High Court" shall be both "this Court" and "Seoul High Court".

3. The reasoning for this part of the judgment as to the primary claim is as follows, and the part of the "decision on the claim against Defendant H" (from 12 to 10 pages of the judgment of the court of first instance) is as stated in the reasoning of the judgment of the court of first instance (from 2 to 16 pages of the judgment of the court of first instance) except for deletion of the part on the "decision on the claim against Defendant H" (from 12 to 10 pages of the judgment of the court of first instance). Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The term "Defendant C" is "Co-Defendant C of the first instance trial", "Defendant E" is "Co-Defendant E of the first instance trial", "Defendant H" is "Co-Defendant H of the first instance trial", and "the principal lawsuit of this case" is all dismissed "the lawsuit of this case".

The following shall be added at the end of 12th day of the first instance judgment:

"The plaintiff was admitted by U et al. as a member of the plaintiff in this court and each of the real estate.