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(영문) 서울고등법원 2015.06.12 2015나5165
손해배상(기)
Text

1. The plaintiffs as to the remaining part of the judgment of the first instance except the part against the plaintiffs which became final and conclusive by the judgment of remand.

Reasons

1. After remanding the case, the plaintiffs sought payment of each amount stated in the above purport of the claim against the defendants in the first instance court. The court of first instance dismissed all the plaintiffs' claims, and the plaintiffs appealed against the whole judgment of the first instance court.

The court prior to the remand rendered a judgment revoking the part against the plaintiffs in the judgment of the court of first instance corresponding thereto and dismissing the remaining appeals of the plaintiffs, ordering the defendants to pay the money stated in the separate sheet "amount of compensation for the exchange transmission" and the damages for delay thereof.

As to this, only the Defendants appealed, and the Supreme Court rendered a judgment that reversed the part against the Defendants in the judgment of the party prior to remand.

Therefore, the scope of trial after remand is limited to the remaining part of the judgment of the court of first instance, excluding the part against the plaintiffs which became final and conclusive by the judgment of the court of first instance.

2. Basic facts

A. The party status 1) Defendant A is a licensed real estate agent operating “F real estate” in the Gu BK apartment shop in Ansan-si, and Defendant B is an employee of the said brokerage office as the above Defendant’s wife, and Defendant C is a licensed real estate agent operating the “H Licensed Real Estate Agent” in the G shopping district located in the Gu BL during Ansan-si, and Defendant C is a licensed real estate agent operating the “H Licensed Real Estate Agent” in the Gu BL. (2) Plaintiff A and B entered into a contract with the instant association with Defendant A and B to acquire the membership status of the “E Regional Housing Association” (hereinafter “instant project site”). Plaintiff A and B recommended that Defendant A and B would acquire the membership status of the instant association and enter into the agreement with the instant association.

B. The instant case.

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