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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. The first instance court accepted only part of the plaintiff's conjunctive claim against the defendant C among the plaintiff's conjunctive claim, and only the plaintiff appealed against the plaintiff after all of the plaintiff's conjunctive claim against the defendant B was dismissed. In such a case, the effect of the first instance court's conjunctive claim against the above defendant C is naturally limited to the scope of the plaintiff's appeal, i.e., the scope of the appellate court's appeal against the defendant B, and the propriety of the first instance court's judgment dismissing both the plaintiff's conjunctive claim against the defendant C, and the plaintiff's conjunctive claim against the defendant C is excluded from the object of this court's trial.
2. Basic facts
A. On March 3, 2012, Defendant C entered into a contract with Defendant C to newly construct a golf range building on the land of F-536 square meters in the ASEAN-si owned by Defendant C (hereinafter “instant contract”).
B. D and Defendant C agreed on the construction cost as KRW 210,00,000, and paid the construction cost of KRW 120,000,000 in cash with respect to the method of payment, and the remaining KRW 90,000,000 in the forest land in this case (the Defendant B claimed that the forest land in this case was jointly purchased and completed the registration of ownership transfer in the name of Defendant B) owned by Defendant B shall be calculated at KRW 190,00,000 at the market price and paid in kind to Defendant C. However, the secured debt of KRW 100,000,000,000, which is the secured debt of the mortgagee-mortgage, the maximum debt amount of KRW 130,000,00 with respect to the forest in this case (hereinafter “instant payment agreement”).
C. Since May 17, 2012, the Plaintiff purchased the forest land of this case in KRW 160,000,000 from the purchase price, and the down payment of KRW 15,000,000 shall be paid on the contractual day, and the remainder of KRW 145,00,000 shall be paid on May 31, 201, and the remainder of KRW 100,000 shall be paid on May 31, 2012.