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(영문) 서울고등법원 2015.12.03 2014나2051679

분양대금 등 지급청구의 소

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs, which orders payment below, shall be revoked.

Reasons

1. The first instance court accepted the remainder other than the portion of “property tax, etc.” and “property tax and other interest for arrears,” among the amount claimed for the Plaintiff’s asset trust as indicated in the attached Table 1 sheet (However, in case of the Defendant (Appellant) and Defendant BA, the Plaintiff’s claim as indicated in the attached Table 2 was dismissed.

Accordingly, the plaintiffs appealed, and the plaintiff's Korean Asset Trust shall pay the amount corresponding to the amount stated in the attached Table 1 "property tax, etc." and "property tax, etc. interest for arrears, etc." as stated in the attached Table 1, and the plaintiff A shall seek payment of the amount claimed in the attached Table 2, and the defendant (Appellant) among the defendants shall file

Therefore, the scope of the trial of this Court is limited to the part on which the above plaintiff appealed between the plaintiff Korean Asset Trust and the defendant (Appellant).

2. This part of the judgment of the court is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for deletion of the part against co-defendants of the first instance court among the grounds of the judgment of the court of first instance and Article 1-D of the first instance.

3. This part of the judgment of the court is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, on the ground that the reasoning of the judgment of the court of first instance is identical to that of Paragraph 3, except as follows.

[The amended part] Paragraph (a) Item 3 of Paragraph (1) of Article 3 of the Act provides that "a judgment on the cause of the claim (for the defendant (appellants, only the part on the property and management expenses shall be deemed to be included)" shall be applied.

The phrase “Defendant B and 82” is dismissed as “Defendant (Appellant)”, and the part against the co-defendants of the first instance trial is deleted.

30 12 pages shall be added to the following:

Although the plaintiffs asserted that the above defendants' seal was forged on the loan certificate of this case without any explanation to the defendants in order to obtain an intermediate payment loan, the defendants' assertion that the above defendants' seal was affixed to the loan certificate of this case. However, the statement of Eul No. 30 alone is recognized.