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(영문) 서울고등법원 2019.12.27 2019나2002368
정산금 등
Text

1. The part of the judgment of the court of first instance against the defendant B shall be revoked, and the plaintiff's claim against the defendant B corresponding thereto shall be revoked.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the judgment of the court of first instance, is the same as the ground of the judgment of the court of first instance, except that the court of first instance partially renders the

(The main text of Article 420 of the Civil Procedure Act). [Attachment] 9, 12 to 14 of the reasoning of the judgment of the court of first instance: The subject matter of lawsuit in the case of cancellation registration is the right to claim for cancellation registration in question and the cause of the claim that forms the standard for identification, i.e., the cause of the right to claim cancellation registration, is the invalidity of the cause of registration.]

Therefore, individual grounds supporting the invalidity of grounds for registration are merely independent means of attack and defense, so it cannot be viewed that a separate cause of claim is constituted.

(see, e.g., Supreme Court Decision 97Da54024, Sept. 17, 1999). According to the respective descriptions and arguments in Articles 3 and 13, the following facts are acknowledged.

① The Plaintiff asserted that “each sales contract under the instant Nos. 1 and 2 sales contract was rescinded on the grounds that the Defendants did not pay the purchase price, or that the ownership transfer registration was completed against the Plaintiff’s will as the seller without paying the purchase price, and filed a lawsuit against the Defendants seeking implementation of the procedure for registration of cancellation of ownership transfer as to the shares of 3,681/3,805 shares (hereinafter “instant dispute shares”) among the shares of 30,681/3,805 shares (hereinafter “instant dispute”), etc. among the shares of 30,681/3,805 shares (hereinafter “instant dispute shares”) in Suwon-si District Court Decision

(2) On May 22, 2015, the court of the first instance of the preceding civil lawsuit rendered a judgment dismissing the Plaintiff’s claim against the Defendant Company. The Plaintiff’s objection and filed an appeal under this Court No. 2015Na17441, but the appeal was dismissed on October 7, 2016.

③ The Plaintiff filed an appeal with Supreme Court Decision 2016Da50498 Decided February 23, 2017, which was dissatisfied with the appellate judgment of the preceding civil lawsuit, but the appeal was dismissed.

According to the above facts, the above facts are examined.

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