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(영문) 서울고등법원 2016.05.19 2016나2248
경매입찰(공동)1/5지분반환
Text

1. The plaintiff's appeal against the remainder of the judgment of remand in the first instance, excluding the part which became final and conclusive by the judgment of remand.

Reasons

1. Scope of the judgment of this court;

A. The Plaintiff shall bear the Defendant’s expenses incurred in acquiring the real estate jointly by the Plaintiff and the Defendant. The Plaintiff claimed “14,00,000 won and 20% interest per annum from the day following the delivery of the complaint to the day of complete payment.” The first instance court dismissed all of the Plaintiff’s claims. (b) The Plaintiff filed an appeal against the entirety. The Plaintiff added the claim for the performance of the procedure for the registration of ownership transfer to 1/5 shares in the name of the Defendant to the primary claim, and changed the claim for the first 30,542,599 won and the first 20% interest per annum from the day following the delivery of the complaint to the day of complete payment (the first 20% interest per annum from the second 5% interest per annum). The Plaintiff’s appeal against the Plaintiff and the first 20% interest per annum from the second 5th of the judgment against the Plaintiff was remanded to the court of first 5th of the first 25th of the judgment against the Plaintiff, and the Defendant’s appeal against the second 25th 5th 5th of the judgment against the Plaintiff’s appeal.

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