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(영문) 울산지방법원 2018.02.08 2016나4075
소유권이전등기 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The first instance court accepted the plaintiffs' claim among the primary claims, and rejected the others' claims under paragraphs (1) and (2), and (3) and (4), and the preliminary claims under the premise that the claims are rejected as non-performanceable.

As to this, the Defendant and C appealed against their lost portion, and as a compulsory mediation decision became final and conclusive between the Plaintiffs and C to the effect that “C waives its claim against C instead of paying a certain amount to the Plaintiffs,” the scope of the party members’ judgment is limited to the claim among the primary claims.

2. Facts of recognition;

A. A. From April 2014, C: (a) the Plaintiff agreed to sell the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “G building 602”) to the Plaintiff; and (b) the sale price was paid in full (hereinafter “602 sale contract”). The Defendant signed and sealed the joint and several surety column with the purport that C’s joint and several liability for the obligation under the above sale contract was jointly and severally guaranteed by the Plaintiff; (b) around April 2014, C agreed to sell the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “G building 402”) to the Plaintiff, with the content that the sale price was paid in full (hereinafter “sale contract No. 402,” and each of the above sale contract No. 602 and the sale contract No. 402, respectively).

The defendant puts his signature and seal on the column of joint and several sureties with the purport of joint and several sureties's debt under the above sales contract for the plaintiff C.

C. Meanwhile, E Co., Ltd. (hereinafter “E”) on the other hand, on January 13, 2014, the construction cost of the new construction of G building located in Ulsan-gun H (hereinafter “G building”) from Ulsan-gun, Ulsan-gun, and the construction period of KRW 1.474 billion and the construction period of the new construction of the G building.

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