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1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.
2. The costs of appeal and the incidental costs thereof shall be individually considered.
Reasons
1. The court of first instance rejected the Plaintiff’s claim against the Defendant for monetary payment due to the establishment of the right to collateral security against the Defendant among the instant lawsuit, but the Plaintiff did not file an appeal or an incidental appeal.
Therefore, the above part of the judgment of the court of first instance is excluded from the object of this court.
2. The reasoning for this part of the underlying facts is as follows, except for the submission or addition of the reasoning as follows, and thus, it is identical to the corresponding part of the reasoning of the judgment of the first instance. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420
Each “Defendant B” part shall be “B”, and each “Defendant C” part shall be “Defendant”, respectively.
3. The following shall be added to 12 lines:
The plaintiff knows that the plaintiff and the defendant are co-owners at the time. The plaintiff is "2016" in each of the two categories below 1, 2, 3 and 2 in the second Schedule 4 of "the first Schedule of "the plaintiff knows that they are co-owners."
5. The following shall be added to the six lines below the highest list:
The National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) provides that “The daily price of Chungcheongnam-gun, Chungcheongnam-do, in which the real estate to sell and purchase this case is located, on May 31, 2005, shall be the period of designation from July 2, 2005 to February 16, 2008” and “National Land Planning and Utilization Act” (hereinafter “National Land Planning Act”).
(1) On February 11, 2008, the designated period was “from February 17, 2008 to February 16, 2009” and was re-designated as an area subject to permission. On February 16, 2009, five pages [based on recognition] of “A” were added to “(18)” column.
3. Determination as to the request for cancellation registration
A. The summary of the Plaintiff’s assertion 1 of the parties, the Plaintiff, the Defendant, the Defendant, the Plaintiff, the Plaintiff, the Defendant, and the Plaintiff agreed to purchase the instant real estate by bearing 2/3 of the purchase price and 1/3 thereof, and the Defendant, the Plaintiff purchased the instant real estate from B on January 25, 2006 under the joint name, as indicated in the sales contract as of January 25, 2006.