beta
Text
1. The judgment of the court of first instance is modified as follows.
For the real estate listed in attached Table 1, the real estate list.
Reasons
1. The reasoning for the judgment of the court on this part of the basic facts is as follows: (a) the Plaintiff B is deemed to be the Appointed B; (b) the Plaintiff C is deemed to be the Appointed C; and (c) the Plaintiff D is deemed to be the Appointed D; and (d) the relevant part of the reasoning of the judgment of the first instance is as follows (21 to 5 pages 11). Thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on the defense prior to the merits
A. The Plaintiff and the designated parties asserted that the Plaintiff and the Defendant concluded a sales contract for each apartment of this case with the Defendant for the share of each apartment of this case, and asserted that the Plaintiff and the designated parties did not bear any obligation for delay damages for the remainder of the purchase price until the transfer registration of ownership is completed in the future. However, at the time of the conclusion of each sales contract of this case, the Plaintiff and the designated parties agreed to file a claim against the Defendant for any lawsuit. Thus, the Plaintiff’s lawsuit of this case is unlawful because it is contrary to the special agreement to the above non-claim, and there is no benefit of protection of rights.
B. 1) Determination 1) It is recognized that the agreement to bring an action, one of the passive litigation requirements, is permissible when the parties to the agreement agree within the scope of the right to be disposed of, and is limited to a specific legal relationship, and is valid only to the circumstances anticipated at the time of the agreement (see, e.g., Supreme Court Decision 98Da63988, Mar. 26, 199). 2) According to the evidence No. 1, Article 17 of the sales contract of this case provides that “The buyer shall be aware of the characteristics and contractual matters of the object and shall not subsequently file a claim for any lawsuit against the seller in connection with this sales contract.”
However, on the other hand, ① each contract for sale in this case is entered only by the buyer.