제3자이의
1. The conjunctive judgment of the first instance, including the claim filed by the Plaintiff’s succeeding intervenor added by this court after the remand.
1. The scope of the trial of this court against the defendant was the primary and conjunctive claim as stated in the plaintiff's claim, and the first instance court rendered a judgment citing the plaintiff's primary claim, but the court revoked the first instance judgment and rendered a judgment dismissing both the plaintiff's primary and conjunctive claim.
Accordingly, only the plaintiff appealed. The court of final appeal reversed only the part concerning the conjunctive claim in the judgment before remanding, and dismissed the plaintiff's appeal as to the primary claim.
Therefore, the trial scope of this court after remand is limited to the plaintiff's conjunctive claim and the plaintiff's succeeding intervenor's claim added by the trial court.
2. Basic facts
A. On May 9, 2006, the Defendant entered into a construction contract with B, and Seo-gu, Daejeon-gu, with the content that the “L” building (hereinafter “instant building”) of the size of 1st underground floor and 6th ground level is newly constructed on the construction cost of KRW 6 billion (including value-added tax) on the land of the first underground floor and 6th ground level (hereinafter “instant building”). On August 1, 2008, the Defendant agreed to increase the construction cost of May 29, 2008 as KRW 6.6 billion (including value-added tax) and completed the instant building on August 1, 2008. < Amended by Act No. 8857, May 29, 2008>
B. Meanwhile, on March 31, 2008, B and C agreed to accord and sell the first floor of the instant building to the Defendant in lieu of paying the construction cost liability as to the instant building. Accordingly, around May 7, 2008, B, C and the Defendant changed the owner’s name to B, C, and the Defendant’s three joint names.
C. Around May 8, 2008, the Defendant entered into a lease agreement with the G Agricultural Cooperative (hereinafter “GFFF”) for the first floor of the instant building and the corresponding share in the instant land, as set forth in KRW 3 billion, KRW 20 million per month, and KRW 20 million per month, and the period from June 1, 2008 to May 31, 2018.
B and C case of this case on June 3, 2008 between the defendant and the Corporation's commitment to the settlement of accounts, No. 30-1, et al.