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1. Of the judgment of the court of first instance, the defendant in the judgment amounting to KRW 302,80,000 and its amount from August 24, 2009 to January 29, 2015 to the plaintiff.
Reasons
1. The issue of whether the form of the court’s consolidation of the scope of adjudication is either a selective consolidation or a preliminary consolidation shall be determined on the basis of the nature of the motion, not a party’s intent, and the scope of adjudication in the appellate trial shall be determined on the basis
Therefore, in a case where both substantially selective consolidation claims are filed in the order of priority primarily and reserve, and the court of first instance dismissed the main claim and rendered a judgment that accepted only the conjunctive claim, and only the defendant filed an appeal, the appellate court shall determine all the two claims as the subject of the trial.
(See Supreme Court Decision 2013Da96868 Decided May 29, 2014). In the first instance court, the Plaintiff filed a claim for the payment of the construction cost on the ground of an overlapping assumption of obligation, and the claim for damages arising from a breach of obligation under the preliminary agreement, respectively, at the first instance court, and the first instance court rejected the primary claim and accepted the conjunctive claim.
However, the above two claims are not incompatible with each other, so they are substantially a selective consolidation relationship. Even if only the defendant appealed against the judgment of the court of first instance, the above two claims are subject to the judgment of the court of first instance.
2. Basic facts
A. (Purpose) The purpose of this Agreement is to clarify the scope of business and responsibilities between the parties to the Agreement and to efficiently manage trust property and proceeds from sale pursuant to Article 1 (1) of the Act on the Sale of Buildings (hereinafter “the Act on the Sale of Buildings”) and the scope of business between the parties to the Agreement and the responsibilities thereof (hereinafter “parties to the Agreement”), thereby protecting the buyers and carrying out the Project smoothly.
Article 3 (Service and Duties) "A", "B", "A" and "A" shall perform duties falling under any of the following subparagraphs: