정산금등 청구의 소
1. The part against the defendant in the judgment of the first instance is revoked.
2. The defendant and the co-defendant B of the first instance trial are listed in the separate sheet.
1. The court's reasoning in this part is the same as the corresponding part of the judgment of the court of first instance (the second part of the judgment of the court of first instance, "1. Basic Facts"). Thus, the court's reasoning is cited by the main sentence of Article 420 of the Civil Procedure Act.
Provided, That part of the first instance judgment shall be amended as follows:
[Revision] The part to be corrected] The "Defendant B" in the first instance judgment shall be used as "B", and all "Defendant C" shall be used as "Defendant".
From No. 2 of the judgment of the first instance court, “H” was written from the second instance judgment to “T (as at the time, H was a contracting party to each of the instant lands at the time, but thereafter, via AD on February 17, 2012, the right to share each of the instant lands and the right related thereto was transferred to T).”
On the 5th judgment of the first instance court, the 10-12th (the 5th suspension of pages 5, the 5th suspension of pages e.g.) shall be followed as follows.
“F. New Buildings (hereinafter referred to as “instant buildings”)
The registration of preservation of ownership of G, etc. has been completed on December 28, 2012 and completed around December 2012, 2012, and the registration of preservation of ownership of G, etc. has been completed for each partitioned building, and thereafter, the real estate in the N and O (attached Form) of the instant building is each real estate.
hereinafter referred to as “each real estate of this case”
On January 24, 2013, the registration of ownership transfer was completed in the name of AE on January 24, 2013 (According to the construction contract of this case and the distribution agreement of the area, each of the instant real estate was to be registered by G, etc. to the Plaintiff, but the Plaintiff was immediately to complete the registration of ownership transfer in the name of the Plaintiff, without the registration of ownership transfer in the name of the Plaintiff, following the title trust (a three-party registered title trust) of each of the instant real estate to AE.
F. Accordingly, according to the instant area allocation agreement and additional allocation agreement between the Plaintiff, AE, and G, etc. as Seoul Northern District Court 2013Gahap23437, the Plaintiff received and distributed each of the instant real estate upon the transfer registration from G, etc.