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(영문) 서울고등법원 2010.04.16 2008나39115
건물명도
Text

1. Of the judgment of the first instance court, the designated parties T, X, the designated parties (Counterclaim Defendant, the intermediate confirmation Defendant) U, W, or the designated parties (Counterclaim Plaintiff).

Reasons

1. As to the part excluded from the subject of the judgment of this Court, the plaintiffs filed a counterclaim, as described in G, E, F, H, H, K, L, M, M,O, S, M, M, V, X, M, X, I, J, P, P, P, Q, Q, R, Z, Z, and AB, as to the scope of the judgment of this Court, the plaintiffs filed a claim against G, E, F, H, H, H, H, H, H, Y, Y, Y, Z, I, and J, as to the claims for the counterclaim in this case (in the case of Defendant E), and the court of first instance dismissed the plaintiffs' claims against the remaining Defendants and the designated parties, as to the claims for the counterclaim in this case, as described in G, E, H, H, T, U,V, M, I, and X, and dismissed the plaintiffs' claims for the counterclaim in this case.

With respect to the whole part against the plaintiffs as to the principal lawsuit and counterclaim, with respect to the part against the plaintiffs as to the principal lawsuit and counterclaim, the first instance judgment as to G was separately decided by the plaintiffs' withdrawal of the principal lawsuit and counterclaim (this Court Decision 2008Na39122 (Counterclaim) by the defendant F, the designated person, U, W against the principal lawsuit and counterclaim. The defendant F, Z, Z, Y, I, and J against the whole part against the principal lawsuit and counterclaim. The plaintiffs' appeal as to the principal lawsuit and counterclaim against G was dismissed.

Therefore, among the judgment of the court of first instance, the part of the judgment of the defendant F, the Z, the Z, the Y, I, and the part of the counterclaim claim by the court of first instance against which the counterclaim claim is dismissed is not subject to the judgment

2. Basic facts

A. On October 8, 1996, Defendant E and E entered into a construction contract between Defendant E and E to newly construct a total area of 80 square meters (hereinafter “AF housing”) at KRW 176 million on the Goyang-gu Mayang-gu AF 406 square meters (hereinafter “AF land”) owned by AE, with Defendant E and E. The said construction work was conducted from October 196 to January 1, 1997, and KRW 90 million from AE.

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