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(영문) 서울고등법원 2017.03.30 2016나208916
공유자전원지분전부이전등기말소등기등
Text

1.The judgment of the first instance shall be modified as follows:

The defendant (appointed parties) and the designated parties shall be jointly and severally.

Reasons

1. Quotation of judgment of the first instance;

A. The reasoning for this court’s explanation is as follows: (a) the indication of each of the designated parties is dismissed from the Defendant’s “Defendant” to the “Appointed”; and (b) the reasoning for the judgment of the court of first instance is the same as that for the judgment of the Defendants; and (c) this is cited by the main text of Article 420 of

B. According to the agreement concluded on July 17, 2015 with the Plaintiff, etc., the Defendant: (a) paid a total of KRW 910,00,000 to the Plaintiff and J and construction business operators; (b) at the same time, the Plaintiff and J waived all rights to the instant land and buildings; and (c) to withdraw all relevant lawsuits including the instant lawsuit; and (d) the amount of KRW 105,00,000 out of the agreed amount is agreed with the return of the purchase price and the amount of damages due to the termination of the instant sales contract; (b) the instant lawsuit shall be withdrawn pursuant to the said agreement; (c) even if the instant lawsuit was not withdrawn, the Plaintiff’s claim for restitution and damages due to the termination of the instant sales contract was merely KRW 105,00,000,000; and (d) according to the description of evidence No. 25-1 of the Plaintiff and the Defendants, the Plaintiff and the Plaintiff and the construction business operator, and the Plaintiff J 1 and the Plaintiff J 201 and the Plaintiff.

According to the above agreement, the Plaintiff and the J have the duty to waive the rights to the instant land and buildings and withdraw the relevant litigation before receiving the said agreement from the Defendant, etc.

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