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(영문) 서울고등법원 2019.11.14 2019나2015876

배당이의

Text

1. The part of the judgment of the court of first instance as to Defendant Hyeong-gun shall be revoked.

In Incheon District Court C's auction of real estate.

Reasons

1. The reasoning for the court’s explanation on this part is as follows: (a) the reasoning for the judgment of the first instance is the same as the part on “1. Basic Facts” from 9 to 2 under the upper part of the top part of the second part of the judgment of the first instance, except for the partial dismissal as follows; and (b) thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

An abbreviationd name established in the judgment of the first instance is also used below the same.

[Supplementary part] On March 20, 192, the part which was written after the completion report was filed on March 20, 1992 and the part which was written after the completion report was completed on March 28, 1992 was completed under the third part of the judgment of the court of first instance.” The part which was written after the completion report was completed on March 28, 1992 was completed.

Part 4 of the judgment of the first instance court, "the above construction cost" in Part 4 shall be adjusted to "the construction cost".

Part 4 of the judgment of the first instance court, "A condominium" in Part 6 shall be applied to "the contact of this case".

In the 7th judgment of the first instance court, the "the said lawsuit is currently pending in the court of final appeal" shall be dismissed as follows.

“The Plaintiff filed an appeal against Defendant B, among the lower judgment, the final appeal against Defendant D is dismissed, and the part of the appeal against Defendant Pyeong-gun is reversed and remanded to the Gwangju District Court (Supreme Court Decision 2018Da272407), and the part against Defendant Pyeong-gun in the present lawsuit is currently being reversed and remanded (Seoul District Court 2019Na60836).”

2. The reasoning for the court’s explanation as to the claim against Defendant B is as follows, except for the cases where part of the claim is dismissed or added as follows, the part of the “determination as to the claim against Defendant B” from No. 4 to No. 20, No. 1 under the upper part of the first instance judgment No. 10 to No. 20. 1 under the upper part of the ground for appeal No. 10, thereby citing it as it is by the main text of

[Supplementary or added parts] Part 2 and 3 of Part 13 of the judgment of the court of first instance shall be subject to the "No. B/A No. 1" as "No. 1-2".

The judgment of the court of first instance is dismissed.