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(영문) 서울중앙지방법원 2017.08.11 2016나70675
판결금
Text

1. All appeals filed by Defendant B, C, and D are dismissed.

2. The costs of appeal shall be borne by Defendant B, C and D.

purport, purport, and.

Reasons

1. The scope of the judgment of this court is that the plaintiff primarily sought a return of the amount according to the ratio of shares out of the total purchase price from all the defendants on the premise that all the defendants are the seller of the housing, on the premise that they are the seller of the housing, and that only Defendant B, C, and D except the defendant E are the seller of the housing, the plaintiff sought a return of the amount according to the ratio of shares of the above defendants out of the total purchase price, based on the premise that the plaintiff's claim against the defendant E and the claim against the defendant E are not accepted. If the plaintiff's claim against the defendant Eul and the claim against the defendant E are not accepted, the plaintiff's claim against the defendant Eul added to the defendant Eul, C, and D are in a subjective and preliminary co-litigation relationship that cannot be legally compatible, and thus, the plaintiff's claim against the defendant Eul, C,

Even if the portion of the claim against the primary defendant E is also excluded from the confirmation, and it is transferred to the appellate court and is subject to the judgment of this court.

2. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows: “No. 102 L of this case’s Joint Shares No. 5 of the judgment of the court of first instance” is “No. 102 A of this case’s Housing”; “The Joint Shares of this case’s Article 11 of the same side” is as the ground of the judgment of the court of first instance except where “the instant house” is “the instant house”; thus, it is acceptable as it is in accordance with the main sentence

3. Accordingly, the plaintiff's claim against the defendant Eul is dismissed as it is without merit, and the claim against the defendant B, C, and D shall be accepted as reasonable, and the judgment of the court of first instance is just in conclusion, and it is so dismissed in all appeals by the defendant B, C, and D. It is so decided as per Disposition.

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