logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2019.07.11 2018나16056
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3.Paragraph 2 of the text of the judgment of the court of first instance shall be subject.

Reasons

1. In the first instance trial, the Plaintiff was granted at will the number of units of G or K from the Defendant’s 5th floor in Jincheon-gun, Jincheon-gun, and from the 1st instance trial before the completion of the instant building (hereinafter “instant building”) among F, G, H, I, I, and J from the 5th floor in Jincheon-gun, Jincheon-gun, Chungcheongnam-gun, and the 1st underground floor “D building” (hereinafter “instant building”). However, each registration of ownership was completed by F or J.

In addition, in the sale of the instant underground shopping mall, the claim for damages caused by the Defendant’s deception, the first preliminary claim for the sale contract for the instant underground shopping mall concluded on November 16, 2015 between the Plaintiff and the Defendant (hereinafter “sale contract for the instant underground shopping mall”) was made, the claim for restitution of unjust enrichment or the return of unjust enrichment following the cancellation of the nonperformance or the cancellation of the error; the second preliminary claim for restitution of unjust enrichment or the reduction of price due to the warranty liability for each of the instant underground shopping mall and the underground shopping mall; and the third preliminary claim for restitution of unjust enrichment or the reduction of price due to the warranty liability for the instant underground shopping mall.

The court of first instance dismissed the primary claim, and fully accepted the preliminary claim, and the defendant appealed against the judgment of the first instance.

Even where the primary cause of a claim is compatible with the conjunctive cause of a claim, if a party needs to make a claim by attaching the order of the trial and attaching the order of the trial, he/she may make a

If the defendant appeals against this judgment, the court below's conjunctive claim that was cited in the court of first instance should be tried as to the following conjunctive claim. (See, e.g., Supreme Court Decision 2002Da23598, Oct. 25, 2002). If the defendant appeals against this judgment, the court below's appellate court's conjunctive claim that was cited in the court of first instance shall be dismissed.

Supreme Court Decision 200

arrow