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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning for the court’s explanation in this part is that, except for the modification of “Nonindicted E” in the second sentence of the judgment of the first instance, “agricultural cooperative” in the second sentence of the second sentence, “Seoul Agricultural Cooperative” in the first instance judgment, “10,000,000” in the 14th sentence “10,000,000,000,” and “Nonindicted E” in the 16 and 17th sentence as “E”, it is identical to the corresponding part of the judgment of the first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The Plaintiff did not agree to pay the remainder of KRW 40,000,000 under the instant sales contract to E, and the Jeonju District Court 2013Gahap5786 (hereinafter “relevant case”) claimed construction payment against E.
In addition, there is no evidence suggesting that Defendant B paid the balance to the Plaintiff under the instant sales contract. As such, Defendant C agreed to jointly and severally liable with Defendant B regarding the payment of the balance, the Defendants are jointly and severally liable to the Plaintiff. (2) Defendant B paid the remainder of KRW 40,000,000 among the sales price to be paid to the Plaintiff at the Plaintiff’s request by the Plaintiff, on behalf of the Plaintiff, the Plaintiff, who is the obligee of the construction cost. (3) Defendant B paid the remainder of KRW 40,000,000 among the sales price to be paid to the Plaintiff at the Plaintiff’s request, and the Plaintiff also asserted that the payment of KRW 40,00,000 was made as the payment of the construction price to the Plaintiff.
Therefore, the plaintiff's claim is without merit.
B. The fact that Defendant B paid KRW 40,000,000 to E on June 20, 2008, which is the remainder payment date under the instant sales contract, and that the Plaintiff completed the registration of ownership transfer for the instant building upon Defendant B’s request on June 27, 2008.