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(영문) 대법원 2017.05.11 2015다28548
제3자이의
Text

The judgment below

The part concerning the conjunctive claim shall be reversed, and this part of the case shall be remanded to the Daejeon High Court.

Reasons

1. As to the appeal concerning the primary claim, the plaintiff filed an appeal against the primary claim portion of the judgment below. However, there is no indication in the petition of appeal the grounds for appeal and there is no indication in the appellate brief of the grounds for appeal.

2. As to the grounds of appeal on the conjunctive claim (to the extent of supplement in case of supplemental appellate briefs not timely filed)

(a) Where the payment in kind intends to take effect of the extinguishment of an obligation, other benefits paid by the debtor in lieu of the original performance shall be realistic, and in such cases, where other benefits are the transfer of ownership of real estate, it is insufficient to deliver the intention of the party concerned or a certificate of the personal seal impression thereof, and complete a registration to

(1) In a case where a sectional owner entered into an agreement on the co-ownership of a building on June 26, 1984 (see, e.g., Supreme Court Decision 82Meu1758, Jun. 26, 198). Meanwhile, in a case where the location and size of one unit of building are specified, and at least two persons enter into a sectional ownership registration in proportion to the area of each sectional ownership for convenience, the mutual title trust relationship between the sectional owners or sectionally owned co-ownership relationship for the building

(See Supreme Court Order 2000Ma2633 Decided June 15, 2001 and Supreme Court Decision 201Da42430 Decided February 27, 2014, etc. (see, e.g., Supreme Court Decision 2011Da42430, Feb. 27,

The judgment below

Review of the reasoning and the record, including the duly admitted evidence, reveals the following facts.

(1) On May 9, 2006, the Defendant entered into a construction contract with B, C, and Seo-gu Daejeon District Court Decision 3023.7m2 (hereinafter “instant land”) with the content that the construction work price of the building on the first basement and the sixth floor above ground (hereinafter “L”) is 6 billion won (including value added tax), and the construction price of the building on May 29, 2008 is 6.6 billion won.

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