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(영문) 서울고등법원 2018.01.11 2016나2015684
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part of the plaintiff D in favor of the defendant Korean land trust company is revoked.

Reasons

1. The reasons why this court is stated in this part of the basic facts are the same as the corresponding part of the judgment of the first instance, except for the following parts, and thus, they are included in the summary under the main sentence of Article 420 of the Civil Procedure Act.

In the 7th judgment of the first instance court, the “Defendant Korea Land Trust Co., Ltd. is the operator of the above business” in the 8th to “the operator of the above business” in the 6th judgment, and not more than that, the “Defendant Korea Land Trust Co., Ltd.” shall be deemed as “Defendant Korea Land Trust Co., Ltd.,” and the “Defendant Construction Co., Ltd.,” as “the same construction trust

Defendant Korea Land Trust Co., Ltd. (hereinafter referred to as “Defendant Korea Land Trust Co., Ltd.”).

(3) On July 4, 2016, when the lawsuit of this case was pending, the seller of the above business, and the same construction company (Skcheon District Court 2016 Mahap501, a decision was made to commence the rehabilitation procedure for the above company, and AV was appointed as the manager.

The same construction project plan shall be referred to as "same construction project plan"

(1) The Plaintiff C, in the table of the seventh and upper parts of the judgment of the court of first instance, shall be deemed to be “Co-Plaintiff C of the first instance,” “Plaintiff S” to be “Co-Plaintiffs of the first instance court,” and “Plaintiff T” to “Co-Plaintiffs of the first instance court,” respectively.

Of the lower part of the first instance judgment and the upper part of the first instance judgment, the term “Plaintiff F” was “F” as “Joint Plaintiff F of the first instance trial,” “Plaintiff K” as “Joint Plaintiff K of the first instance trial,” “Plaintiff N andO” as “Joint Plaintiff N andO of the first instance trial,” and “Plaintiff X” as “Joint Plaintiff X of the first instance trial.”

The following shall be added between the last 12th of the judgment of the first instance and the third 13th of the judgment:

In the Chuncheon District Court 2016 Gohap501 rehabilitation case, the plaintiffs reported the rehabilitation claim seeking confirmation in this case.

Accordingly, on October 20, 2017, Defendant AV submitted to the above court a pro rata AV list that denies the above rehabilitation claim.

2..

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