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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. The reasoning for this court’s explanation is as follows: (a) the witness I used the 4th 16th 16th 1 of the judgment of the court of first instance as “A witness I of the court of first instance”; and (b) the Defendants’ assertion is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following judgments, and therefore, (c) it is acceptable in accordance with the main
[Supplementary Judgment]
A. The Defendants asserted that there is no interest in legal action. The agreement of this case and the agreement that Defendant C shall delegate all the authority to the Plaintiff with respect to the withdrawal of the application for provisional disposition and the cancellation of the execution of provisional disposition on February 24, 2006 on the part of the provisional disposition of this case concerning the apartment 101 unit among the provisional disposition of this case to the Plaintiff is an execution contract. However, this agreement is made between the obligee and the third party and does not have any effect on the enforcement agency. Thus, the Defendants asserted that there is no interest in legal action seeking the implementation of the procedure for the withdrawal of the application for provisional disposition and the cancellation
On the other hand, a claim for performance is a right that can claim another person's act or omission, and this claim is not only a civil right, but also a right under public law, as long as it falls under a civil jurisdiction, and there is no limitation on the content of a claim that serves as the basis of a performance lawsuit, and thus, a claim for payment of money, transfer of goods, statement of intent, etc. is sought by performance lawsuit.
In addition, since Article 263(1) of the Civil Execution Act provides that "where an obligor has acknowledged or recognized the establishment of legal relationship, such protocol shall be deemed to have been accepted, and where a judgment ordering a doctor's statement has become final and conclusive, it shall be deemed that the establishment of legal relationship is recognized or the statement of intention is stated by such judgment, it shall be deemed that an expression of intent subject to enforcement pursuant to the provisions of the above Act becomes the subject of a lawsuit for performance, and the above declaration of intention shall be subject to withdrawal of criminal complaint