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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except in the following cases: (a) the main text of Article 420 of the Civil Procedure Act refers to the reference of the judgment of the court of first instance.
2. As to the portion above, the Defendant asserted that the Plaintiff owned the claim of KRW 150,00 of the share in the land against F, who is the number of the apartment units of this case, and that F did not pay the above share, and refused to implement the procedure for the registration of transfer of ownership of the above share in the land against the Plaintiff on the ground that F did not pay the above share. In full view of all the evidence submitted by the Defendant, as alleged by the Defendant, the Defendant adopted a resolution to hold an extraordinary general meeting on December 2, 2012 to bear the actual expenses of KRW 50,00 by holding an extraordinary general meeting and to bear the actual expenses of KRW 150,00,00 for its members by convening an extraordinary general meeting on or around August 2013, and there is no evidence to deem otherwise that the members shared the share of KRW 150,00.
In addition, in the defendant's extraordinary general meeting of the family, members of the union decided to pay 150,000 won to the defendant, and even if the purchaser and the partner did not pay the share of 150,000 won as above to the defendant, if both parties have made a separate agreement to pay to the other party, the other party has the obligation to pay to the other party, unless the other party has made a special agreement to pay the other party's performance with any other party's performance.
However, there is no defense of simultaneous performance, and Supreme Court Decision 88Meu10753 delivered on February 14, 1989, etc.