beta
Text
The judgment below
Among the plaintiffs, the part concerning the succeeding intervenors by the plaintiffs CM, DC, HK, EP, GI, GJ, and the plaintiff (ex officio) is reversed.
Reasons
The grounds of appeal are examined.
1. Regarding ground of appeal No. 1
A. The confessions binding under Article 288 of the Civil Procedure Act (1) refers to the confessions in court, and the confessions in court refers to the statements of facts unfavorable to himself, consistent with the allegations by the parties at the date of pleading or the date of preparatory pleading, as alleged by the other parties, in respect of the amount of the sale price paid by the succeeding intervenor of the Plaintiff CM, DC, HK, ES, GI, GJ, and Plaintiff (ex officio) and the amount of the sale price paid by the succeeding intervenor of the Plaintiff DPO (ex officio)
(1) A confession in court is established on the date of pleading or preparatory date for pleading, even in cases where a statement in the reply or preparatory document submitted to and served on the other party to the court (see, e.g., Supreme Court Decision 95Da37988, Dec. 20, 1996) is written as a matter of fact constituting a confession.
(2) Based on the judgment of the court of first instance, the court below determined that: (a) Plaintiff CM paid 208,160,000 of the parcelling-out price until June 5, 2008; (b) Plaintiff DC paid 200,787,000 of the parcelling-out price until August 2, 2010; (c) Plaintiff HK paid 206,597,280 of the parcelling-out price until April 22, 2009; and (d) Plaintiff HK paid 306,515,000 of the parcelling-out price; and (e) Plaintiff CP paid 206,597,280 of the parcelling-out price to the Intervenor by September 20, 2010; and (e) Plaintiff 306,515,000 of the parcelling-out price; and (e) Plaintiff 206,300,310,740,70,71, G201, and 201,7.
(3) However, we cannot agree with the judgment of the court below for the following reasons.
According to the records, the defendant is the plaintiffs and the defendant through a preparatory document dated January 21, 2014, which was stated on the third day for pleading ( February 27, 2014) of the court below.