after the exchange change of the claim in the appellate court, whether the exchange change in the claim such as the re-appellant has been made

After the final judgment of the court below was rendered, the appeal is withdrawn by exchanging and modifying the purport of the claim and the cause of the claim in the appellate court, so the subsequent appellate court cannot make an exchangeal modification with the same claim as the previous one in the previous appellate court.

Articles 239, 240, and 235 of the Civil Procedure Act

Plaintiff 1 and one other

Defendant

Government's branch court (75Gahap126) of Seoul Central Criminal Court in the first instance trial (75Gahap126)

1. The plaintiff et al.'s claim is dismissed.

2. The costs of the trial shall be borne by the plaintiff, etc.

(The plaintiff, etc. has changed its claim in exchange for the first time)

The defendant shall pay to the plaintiff, etc. 8 million won with 5% interest per annum from August 1, 1975 to the full payment.

The judgment that the costs of lawsuit shall be borne by the defendant and the declaration of provisional execution are sought.

The plaintiff et al.'s claim is dismissed.

All the costs of lawsuit are assessed against the plaintiff, etc.

On December 21, 1974, Nonparty 1, the husband of the defendant, entered into a sales contract with the plaintiff et al. to purchase for KRW 900,000,00 for 1,222,000 for 1, 1, 222, 22, 2,000 for 1, 1, 22,000 for 1,22,000 for 1,000 1,000 for 1,000 for 1,000 for 1,000,000 for 3312 for 1,26,26, for 1975 for 3312, for 1975 for 1, the Government's branch of the Seoul Civil and Criminal District Court.

Since Nonparty 1, as a cause of claim, filed an application for the registration of transfer of ownership under the name of the Defendant to grant exemption from the intermediate payment and the obligation to pay the remainder of the purchase price, KRW 300,000,00 on January 30, 1975, and KRW 40,000 on the last day of February, March, April, May, and June of the same year, and KRW 100,000 on July 31 of the same year, and at one time, agreed to grant partial payment of KRW 100,00 on the part of the Plaintiff and the Defendant and Nonparty 1 in the name of the Defendant for the registration of transfer of ownership as to the building, and the Defendant agreed to grant exemption from the above intermediate payment and the obligation to pay the remainder of the purchase price and KRW 50,00 on the part of the Defendant as above, and thus, the Plaintiff’s claim for the registration of transfer of ownership was not made under the name of Nonparty 1, etc., for the purpose of the registration of transfer of ownership as otherwise alleged.

However, the plaintiff et al. stated the purport of the claim and the cause of the claim in the 9th argument of the court of the first instance on September 17, 1976, which are identical to the above plaintiff's claim and the cause of the claim in the 19th pleading, and then intends to re-exchange the claim exchanged in the 4th pleading. However, the plaintiff et al.'s original claimant's lawsuit was withdrawn at the trial after the final judgment of the court below was rendered as above and the same lawsuit is not re-appealed. Thus, the amendment of the purport of the claim and cause in the 9th pleading, which is the same kind of lawsuit, cannot be decided by the party members because it is unlawful, and eventually, the non-party exchange alteration cannot be made regardless of the statement of the claim and cause of the 9th pleading at the above 9th pleading.

Therefore, even if the plaintiff and the non-party 1 did not have any evidence to view that the defendant acquired the obligation to pay the remaining 00 won of the non-party 1, Eul evidence No. 1, Eul evidence No. 4, and Eul evidence No. 4, and 1's testimony of the non-party 1, the plaintiff and the non-party 1 will contribute 1,00,000 won for each of 00 won and 00 won for the above 10-year rent and 00-year rent for the above 10-year rent for the above 10-year rent for the above 10-year rent for the non-party 20-year rent for the non-party 40-year rent for the non-party 1, the non-party 1 and the non-party 1 will make 0-year rent for the above 0-year rent for the non-party 20-year rent for the non-party 20-year rent for the above 10-year rent for the non-party 197.

Therefore, the plaintiff et al.'s claim is dismissed, and the costs of lawsuit are assessed against the plaintiff et al. as the losing party.

Judges Park Woo (Presiding Judge)