logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.04.07 2014나59097
매수인지정
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The plaintiffs' preliminary claims added by the first instance court prior to remand are all the conjunctive claims.

Reasons

1. The first instance court dismissed all of the plaintiffs' claims for return of unjust enrichment and the plaintiffs' claims for notification of the execution of the procedure for registration of transfer of ownership. The plaintiffs appealed. The court prior to remanding, the court revoked the part against the plaintiffs' claims for notification of the execution of the procedure for registration of purchase and transfer of ownership and ordered the implementation thereof, and dismissed the plaintiffs' appeals on the part of the claim for return of unjust enrichment.

As to this, both the plaintiffs and the defendant appealed. The judgment of remand dismissed all the appeals by the plaintiffs on the portion of the claim for return of unjust enrichment, and reversed the part against the defendant on the claim for notification of the buyer designation and the execution of the transfer registration procedure, and remanded this part of the case

Therefore, the part of the plaintiffs' claim for return of unjust enrichment was already determined and excluded from the scope of this Court.

On the other hand, the plaintiffs added the preliminary claim at the trial before remand. The scope of the trial at this court is limited to the claims of the plaintiffs who were remanded and the notification of the execution of the procedure for the transfer of ownership and the preliminary claims added in the trial before remand.

2. Basic facts

A. The agent contract between F, the Defendant, and the Young Real Estate Trust Co., Ltd. is concluded 1) the F, Inc. (hereinafter “F”).

(C) Around 2002, the company’s land on the H and 24 parcels of land in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant site”).

2) After acquiring the ownership in the instant commercial building, G shopping districts (hereinafter “instant commercial building”) on the ground after acquiring the ownership in a lump sum.

2) The business of newly constructing and selling a new project (hereinafter referred to as “instant project”).

2) The F has entered into a business agreement between the Defendant and the New Real Estate Trust Co., Ltd. (hereinafter “New Real Estate Trust”) on February 21, 2002 and the third party on February 21, 2002 and the same year.

3.28. between 3 persons clarifying the terms and conditions of the above Project Agreement.

arrow