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1. The part of the judgment of the court of first instance against the defendant exceeding the following amount ordered to be paid shall be revoked.
(2).
Reasons
1. In the first instance court’s trial scope, even after the participation of the Plaintiff’s succeeding intervenor, the Plaintiff failed to withdraw from the lawsuit with the Defendant’s consent, the first instance court partly accepted the Plaintiff’s claim against the Defendant, and rendered a judgment dismissing the Plaintiff’s claim and the remainder of the Plaintiff’s succeeding intervenor’s claim.
As to this, the plaintiff and the plaintiff succeeding intervenor did not appeal, and the defendant appealed against the defendant's claim against the plaintiff succeeding intervenor.
Therefore, the part of the Plaintiff’s claim against the Defendant is excluded from the scope of trial by this Court, and only the part of the Plaintiff’s claim against the Defendant constitutes the scope of trial by this Court.
2. Underlying facts (i.e., changes in the legal relationship of the store of this case (hereinafter “Schoolsan”) (hereinafter “Schoolsan”) completed registration of ownership preservation on February 21, 2004 with respect to the commercial building of “E” of the fourth underground floor and nine stories above ground located in Seo-gu, Seo-gu, Seo-gu, Chungcheongnam-gu, Seo-gu, and “E” of the nine stories above ground (hereinafter “instant commercial building”).
② On March 27, 2004, the Defendant completed the registration of ownership transfer for the second floor 2005 (hereinafter “instant store”) of the instant commercial building from the School acid (hereinafter “instant store”).
From the date of the above transfer of ownership, the defendant has set up the store of this case as a public room without operating or leasing it as a commercial building.
The management entity of the building of this case was changed ① The sales of the building of this case was initiated and moved in, and the building of this case was established pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act"), which consists of all sectional owners, including the sectional owners of the unsold section of exclusive ownership at the time. DPP Co., Ltd., Ltd. (hereinafter referred to as the "dPPP"), which was established by GG, was appointed as the manager of E management body around 2004 and managed the building of this case.
② DP on January 18, 2013, “the removal of DP from office is made by the manager of E Management Body.”