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(영문) 서울남부지방법원 2017.09.28 2017나51844
분양대금잔금
Text

1. The independent party intervenor's appeal is dismissed;

2. The costs of appeal shall be borne by the intervenor of the independent party.

Reasons

1. The judgment of the court of first instance, which dismissed the plaintiff's claim of the main lawsuit and dismissed the plaintiff's claim of the independent party intervenor, was appealed only by the independent party intervenor, but the confirmation of the part of the plaintiff's claim of the main lawsuit was interrupted, and thus,

However, as seen below, insofar as the conclusion of the first instance trial is maintained with respect to the existence of a claim against the Defendants by an independent party intervenor, the conclusion between the Plaintiff, the Defendants, and the independent party intervenor is unnecessary to be jointly determined. As such, this court shall only determine the claims against the Defendants by the independent party intervenor who filed an appeal.

2. The reasons for the court's explanation of this case are as follows: "Plaintiff-Successor Intervenor" in the 3th, 4, 20, 4th, 1, 20th, and 20th, 3rd, 3rd, 4th, 200, and 17th, 4th to 14th, "Defendants" in the 4th, 4th, 17th to 17th, "the 4th, 464, 915th," and "the defendant deposits the down payment amount of 17,1950,000 won into the Plaintiff's bank account in the name of the 1.5 millionth, 2013, 1.50,000 won out of the remainder to 3th, 400,000 won, which was settled after the completion of the registration of ownership transfer on the apartment of this case, and the part of the 14th,017th, which was additionally deposited into the above Plaintiff's bank account."

3. Matters to be judged additionally;

A. The contract of construction between the plaintiff and the third party intervenor's assertion and the plaintiff.

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