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(영문) 서울고등법원 2017.08.17 2017나2003787
대여금
Text

1. Of the judgment of the court of first instance, the part that became final and conclusive by the judgment of remand (Supreme Court Decision 2016Da238601 Decided January 12, 2017) among the judgment of the court of first instance is determined.

Reasons

1. After the remand, the part of the judgment of the court of first instance as to the instant association in the judgment prior to the remanding, jointly and severally with the co-defendant A District Rebuilding Project Association (hereinafter “instant association”) of the court of first instance as to the Defendants subject to the judgment of the court of first instance, was final and conclusive as it

The Plaintiff filed only the Plaintiff’s appeal against the judgment of the court of appeal before remanding the judgment of the court of first instance, which ordered the Plaintiff to pay 8,00,681 won, 14,286,930 won, 16,572,839 won, and 20% interest per annum from November 1, 2012 to June 16, 2016, and 20% interest per annum from the next day to the day of full payment. The Plaintiff’s appeal against the judgment of the court of first instance before remanding only the part against the Defendants of the judgment of the court of first instance before remanding the part against the Plaintiff, which was cited in the judgment of the court of first instance before remanding the part to the Defendants of the judgment of the judgment of the court of first instance before remanding the part to the Plaintiff, and thus, the said part is excluded from the judgment of the court of first instance after remand

2. Basic facts

A. On March 4, 2010, the Seoul Special Metropolitan City Mayor announced on March 4, 2010, the president of the establishment of the association designated and publicly announced the Seongbuk-gu Seoul Metropolitan Government H 66,919 square meters (hereinafter “instant improvement zone”) as a housing reconstruction improvement zone. On July 9, 2010, the instant association held an inaugural general meeting and passed a resolution on the establishment of the association.

B. After the establishment authorization was granted on August 5, 2010, the instant association filed an application with the head of Seongbuk-gu Seoul Metropolitan Government (hereinafter “the head of Seongbuk-gu”) on the grounds that he/she obtained consent from 92 persons (85.98%) among 107 housing and 107 land owners within the instant rearrangement zone, consent from 4,578.89 square meters of land within the housing complex (88.29%) among 5,186.23 square meters of land within the housing complex, 472 consent (7%) from among 613 land or building owners within the non-housing area (7%) from among 613 land or building owners within the non-housing area, 472 consent (7%) from 60,760 square meters of land, and the head of Seongbuk-gu authorized the establishment of the instant association on August 6, 2010.

C. Conclusion of construction contract and the Plaintiff’s joint and several surety 1.

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