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(영문) 서울고등법원 2016.01.14 2015나2038147
우선순위확인의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except for dismissal or addition as follows. Thus, this case shall be quoted by the main text of Article 420 of the Civil Procedure Act.

After "No. 41 to 43 evidence", "No. 48 to 51 evidence, and No. 67 of A", and "No. 31-1 and No. 2 of evidence No. 31", a witness F of the trial shall be added respectively.

After the 11th judgment of the first instance court, "and the entries of the evidence submitted by the plaintiffs, such as Gap No. 69, and some testimony of the witness F of the party trial alone are insufficient to reverse the above judgment."

At the bottom of the 12th judgment of the first instance, the following shall be added in one further:

"The No. 209.7. 28. 28. 2009. 7. 31. 2009. 1. 1. 1. 2006. 1. 1. 1. 1. 1. 1. 1. 1.

On May 29, 2009, the Defendant notified A and the lender of the cancellation of the instant contract for the instant construction work on the ground of Article 13-2(2) of the instant business agreement if A violated the instant business agreement by trusting the land, etc. for the instant project without the consent of the lender without any consent of the lender, on the ground of Article 13-2(2) of the instant business agreement (if one party violates this agreement, the other party may give notice of correction within 10 days, and if the correction is not made within the said period, the other party may rescind this agreement), and the lender argued that the said termination of the contract for the instant construction is unlawful.

[In order to eliminate the controversy above, the instant amendment agreement deleted Article 13-2(2) of the instant project agreement (Article 7 of the instant amendment agreement). The said lawsuit brought by the lender is also set forth.

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