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(영문) 서울고등법원 2016.02.03 2012나55367
분양계약취소 등
Text

1. The instant lawsuit between the Plaintiff EZ and the Defendant Korea Land Trust Co., Ltd. is filed on October 12, 2013.

Reasons

1. The court of first instance rejected the Plaintiff B’s claim of this Court No. 2010 Gahap45383 among the instant lawsuits on the ground that the Plaintiff’s claim constitutes a double suit filed by 2009Gahap147962 and constitutes unlawful. Accordingly, the said Plaintiff did not file an appeal. Accordingly, this part is excluded from this Court’s judgment.

2. Determination as to the termination of a lawsuit

A. In the first instance trial, the plaintiffs in the lawsuits between the plaintiffs and the defendant Cyta Construction Co., Ltd. and the defendant Cyta Construction Co., Ltd. (hereinafter referred to as the "Cyta Construction") should jointly pay the amount of money and jointly and severally between the defendant Korea Land Trust and the defendant Cyta Construction Co., Ltd. (hereinafter referred to as the "C") and the defendant Cyta Construction and the defendant A Co., Ltd. (hereinafter referred to as the "A"), but the defendant A claimed joint payment against the defendant A only part of the amount of preliminary claim.

The court of first instance dismissed all of the plaintiffs' primary claims, and partly accepted part of the plaintiffs' primary claims against the defendant's land trust in Korea, and dismissed all of the conjunctive claims against the plaintiffs and the remaining conjunctive claims against the defendant's land trust in Korea and the conjunctive claims against the defendant's land trust in Korea.

On May 22, 2012, the Plaintiffs served a judgment of the first instance court, and submitted a petition of appeal on June 4, 2012. However, on the sign of the petition of appeal, the Plaintiffs stated Defendant Crta Construction and A along with the Defendant Korea Land Trust. However, on the front of the sign, the substantive petition of appeal following the sign only indicated the Defendant Korea Land Trust as the appellee, and stated the purport of appeal only the content of seeking monetary payment against Defendant Korea Land Trust, and did not attach the separate petition of appeal stating the amount of preliminary claim against Defendant A.

In addition, the plaintiffs thereafter.

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