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(영문) 대법원 2015.05.29 2015다10042

소유권이전등기 등

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All appeals by Defendant G and H are dismissed.

All appeals by Defendant B, C, D, E, and F are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

We examine the grounds of appeal.

1. As to the appeal by Defendant G and H, the appeal by Defendant G and H is seeking revocation or alteration of the unfavorable judgment against their own in favor of themselves, the appeal by the final appeal against the judgment in full favor of the Defendant G and H is not allowed as it has no subject to appeal

(See Supreme Court Decision 9Da61378 delivered on June 14, 2002, etc.). According to the judgment of the court below, it is clear that the court below dismissed all appeals filed against Defendant G and H. Thus, the appeal filed by the above Defendants in favor of the entire costs of appeal is unlawful as it does not have any interest in the appeal, and thus the defects cannot be corrected.

2. As to the appeal by the Defendants B, C, D, E, and F, the lower court rejected the Defendants’ conjunctive claim against the said Defendants on the grounds stated in its reasoning, and then concluded a sales contract with the Plaintiff and the said Defendants on the date of the pertinent sales contract, which is the date of delivery of a copy of the claim claim and the cause of claim change as of May 13, 201. The Plaintiff’s obligation to pay the market price of the pertinent subject matter to the said Defendants, and the said Defendants’ obligation to pay the market price to the said Defendants and to transfer ownership transfer registration procedure and deliver the subject matter to the said Defendants. In light of the relevant similar case and equity between the owners of other land and the Plaintiff, etc. in the project implementation district of this case, it is reasonable to accord with the appraisal price calculated as “1.90” on the basis of determining the market price calculated on the basis of “1.90”, and thus, the said Defendants are identical to the relevant amount paid from the Plaintiff as indicated in the said Table (in the case of Defendant E, the remainder of the subject matter stated in the relevant appraisal amount.