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(영문) 서울고등법원 2015.12.16 2015나21150
공사도급변경계약 무효확인
Text

1. A apartment reconstruction rearrangement project of January 31, 2008, which became final and conclusive against the Plaintiff by failing to file an appeal by the Plaintiff.

Reasons

1. Scope of the judgment of this court;

A. The Plaintiff, from the first instance trial to the Defendant, sought confirmation of the invalidity of the contract for construction works for the A apartment reconstruction project concluded on January 31, 2008, and the A apartment reconstruction project contract concluded on January 13, 201, and the A apartment reconstruction project modification contract concluded on July 8, 201, and the A apartment reconstruction project modification contract concluded on July 8, 201.

B. On January 13, 2010 between the Plaintiff and the Defendant, the first instance court dismissed the lawsuit seeking confirmation of invalidity of the contract for modification of the contract for construction works for A apartment reconstruction project, and rendered a judgment dismissing the claim for confirmation of invalidity of the contract for construction works for A apartment reconstruction project between the Plaintiff and the Defendant on January 31, 2008, and the claim for confirmation of invalidity of the contract for modification of the contract for construction works for A apartment reconstruction project as of July 8, 201.

C. The Plaintiff appealed against the judgment of the first instance court, and the trial prior to remand partially accepted the Plaintiff’s appeal, and the judgment of the first instance court rendered a judgment that “the part seeking confirmation of invalidation of the contract for the alteration of the construction contract as of January 13, 201 and the part seeking confirmation of invalidation of the contract for the alteration of the construction contract as of July 8, 201” was revoked. The Plaintiff and the Defendant confirmed that the contract for the alteration of the construction contract for the reconstruction project of A apartment, which was concluded on January 13, 2010 between the Plaintiff and the Defendant, and the contract for the alteration of the construction contract for the reconstruction project of A apartment, which was concluded on July 8, 2011, are null and void, respectively.”

As to the part against which the defendant lost, the Supreme Court accepted the defendant's appeal and rejected the part against the defendant of the judgment prior to remand, that is, the part against the defendant of the judgment prior to remand, which was concluded on January 13, 201 between the plaintiff and the defendant, and the part to confirm the invalidity of the contract to modify the contract to modify the contract to modify the A Apartment Housing Reconstruction Project concluded on July 8, 201 and the part to confirm the invalidity of the contract to modify the contract

E. Therefore, the judgment of the court prior to the remand, which was rendered on January 31, 2008 between the plaintiff and the defendant, is a A apartment.

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