Text
The Plaintiff’s appeal against the Defendants and the Plaintiff’s selective choice to Defendant C Co., Ltd. in this court.
Reasons
1. Quotation of the first instance judgment
A. The reasoning for this Court is as follows.
(1) in addition to, or in addition to, the following:
As stated in this paragraph, the reasoning of the judgment of the court of first instance is the same, except for adding a judgment as to the claim for cancellation due to the Plaintiff’s selective non-performance of obligation to Defendant C and the claim for restitution of damages due to the reduction of the estimated amount of damages, and thus, it shall be cited pursuant to the main sentence of Article 420
B. The part added or used in addition to the judgment of the court of first instance shall be deemed to read “ November 1, 2016” as “ November 10, 2016.”
"Dismissal 15 of the first instance judgment"
A. “Claims for revocation by Fraud” is regarded as “claim for Damage Compensation and Revocation by Fraud.” On the 5th judgment of the court of first instance, “Evidence B Nos. 3 and 4” is regarded as “Evidence B Nos. 3 and 6.” In the 6th judgment of the court of first instance, the judgment of first instance was pronounced.
After the judgment below, the prosecutor appealed against Eul (Seoul District Court 2019No1462), and the above appellate court rendered a judgment dismissing the prosecutor's appeal on June 10, 2020, and the above judgment became final and conclusive on June 18, 2020.
In addition, “Defendant J” in Section 6 of the first instance judgment shall be deemed to be “Defendant B”.
C. On June 10, 2017, Defendant B, who is in the position of the performance assistant of Defendant C’s claim for restitution following the rescission of each sales contract of this case due to nonperformance, ordered the Plaintiff to prepare a letter (Evidence A 3) stating that “I will deposit F in the commercial building of this case until October 10, 2017, and resell the Plaintiff’s right to sell.” Accordingly, Defendant C is obligated to sell F in the commercial building of this case to the Plaintiff and resell the Plaintiff’s right to sell.”
However, the defendant C is now mentioned above.