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(영문) 대전고등법원 2019.08.28 2018나13279
채무부존재확인 등
Text

1. BO, S, W, and among the judgment of the first instance, including the claims of the Plaintiffs and the Intervenor succeeding to the Plaintiff expanded by this court.

Reasons

1. Before the remand of the trial scope of this Court, this Court rendered a declaration of termination of the lawsuit against BO, and rendered a judgment of modification to dismiss the remainder of the claims by citing part of the Plaintiffs, the Plaintiff-Succession Intervenor (in the case of an application for succession or a request for succession of lawsuit after re-delivery, referring to the original party or the recipient in the case of an application for succession or succession of lawsuit) and G.

As to this, only the Defendant filed an appeal, and the Supreme Court reversed the part against the Defendant in the judgment before remanding the case, and remanded it to this court, the part in favor of the Defendant in the judgment before remanding the case becomes final and conclusive (hereinafter referred to as the Plaintiffs and the Plaintiff’s succeeding intervenors (in case of an application for succession or a request for succession of lawsuit after remanding the case,

) The part of the judgment against the Defendant is “final and conclusive judgment against the instant case,” and Supreme Court Decision 201Da31706 Decided February 28, 2013, 201). The subject of the judgment of the instant court is limited to the part against the Defendant (G withdraws from the lawsuit on June 5, 2019, with the withdrawal of the lawsuit on June 5, 2019) among the judgment of the instant court prior to remand. However, since the Plaintiffs and the Intervenor succeeding to the Plaintiff revised the purport of the purport of the claim and the participation in succession on June 4, 2019, and partially withdrawn the lawsuit on June 5, 2019, the modified purport of the claim and the participation in succession that remains after the withdrawal is subject to

2. The grounds for this part of the basic facts are as follows: (a) No. 3 of the judgment of the court of first instance for the reasons for this part is as follows; (b) No. 9 of the Special Act on the Construction of Multifunctional Administrative City in Yeongi-Gongju Area for Follow-up Measures for New Administrative Capital is as follows; (c) No. 4 of the Special Act for the Construction of Multifunctional Administrative City in Yeongi-Gongju Area for Follow-up Measures for New Administrative Capital; (d) “Plaintiffs and the Intervenors succeeding to the Plaintiff are as indicated in the column for the sales contract in the attached Form 3 (hereinafter “attached Table 3”); and (e) “Defendants” of the same part as “Defendants.”

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