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(영문) 서울고등법원 2019.04.12 2018나2040875
양수금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The court's explanation of this case is the same as the reasoning of the judgment of the court of first instance, and thus, citing this case as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

However, the part of the judgment of the court of first instance is revised as follows, and the plaintiffs have filed a lawsuit against K for the payment of repair expenses, compensation for delay, etc. filed by the defendant of the relevant case against K in the trial of the court

(C) The appraisal results of the Suwon District Court 2015Kahap2815, Seoul High Court 2017Na2072783, Supreme Court 2019Da219632), hereinafter referred to as "relevant case appraisal results".

The following judgments shall be added with respect to the part alleged to the effect that the appraisal results are contested:

[Revision] The 7th 5th 5th 7th 7th son of the first instance judgment "K was served."

On October 21, 2014, K notified the Defendant of each of the above assignment of claims by content-certified mail, and around that time, the above notification seems to have been delivered to the Defendant. The part of the 7th 8-10 of the first instance judgment of "K shall be ordered as follows."

“2) After having suspended the instant construction on July 30, 2014 by K, the Defendant completed the construction and obtained approval for the use of the instant building from the Master City Mayor on September 16, 2014 after finishing the construction.

"K and the defendant are in progress (Seoul High Court 2017Na2072783)." While K and the defendant respectively appealed (Seoul High Court 2017Na2072783), the Seoul High Court dismissed both the above appeal on January 30, 2019 and the claims added by the defendant at the appellate court.

The appeal of K is currently pending in the Supreme Court.

(Supreme Court Decision 2019Da219632). The grounds for recognition of “A No. 14 and No. 20” are as follows.

2. Additional determination

A. The appraisal results of the case related to the summary of the Plaintiff’s assertion are as follows.

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