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(영문) 서울고등법원 2018.08.16 2018나2004268
공사대금
Text

1. All appeals by the Defendants against the Plaintiff are dismissed.

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

purport.

Reasons

1. In the first instance court, the Plaintiff requested the Defendants to pay the construction cost and to verify the existence of the obligation. The first instance court dismissed the claim for the confirmation of existence of the obligation among them, and accepted the claim for the payment of the construction cost.

As to this, the Defendants appealed against the cited portion of the claim for the payment of the construction cost, the subject of the judgment of this court is limited to the cited portion of the claim for the payment of the construction cost.

2. The reasoning of the court’s explanation concerning this case is as stated in the first instance court’s reasoning, except for the part which is dismissed or added as stated in paragraph (3) below, and thus, it shall accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. The phrase “11.............. the phrase “11......................... the phrase “4...” of the first instance court’s 12, 12, and 13 shall be deleted. The phrase “3” of the 13th court’s 6th 6th 13th 13th 13th 13th 13th 13th 13. The following shall be added. (i) insofar as the Defendant did not deliver to the Plaintiff the “general letter of consent,” all necessary documents for general sale shall not be deemed to have been provided.

(1) On the 16th judgment of the first instance court, the following contents are added to the following. [The Defendant asserts that according to Articles 21 and 31 of the Rules on Housing Supply, the Plaintiff had installed a sampling house prior to the preferential sale of the members and the general sale of the new building of this case, the Plaintiff was only able to sell the land to the remainder of the new building of this case after entering into a housing allotment contract for the preferential allotment of the members.

In relation to the sale of housing, the above rules shall classify the number of households by supply method in Article 21.

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