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(영문) 서울고등법원 2018.06.27 2017나2065181
정산금지급
Text

1. The part of the judgment of the court of first instance on the principal lawsuit against the Defendant-Counterclaim Plaintiff A (Counterclaim Plaintiff) F.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Scope of the judgment of this court;

A. Of the above purport of a claim, whether the form of partial consolidation or preliminary consolidation is either selective consolidation or not shall be determined on the basis of the nature of the claim, rather than the intent of the party, and the scope of the appellate court shall also be determined on the basis of the nature of the claim for consolidation. Therefore, in a case where the parties have requested two substantially selective consolidation claims with the order of primary and preliminary priority, and the first instance court dismissed the primary claim and rendered a judgment citing only the conjunctive claim, and only the defendant has filed an appeal, the appellate court shall make a determination as the subject of both claims (see, e.g., Supreme Court Decision 2013Da96868, May 29, 2014). The claim for settlement of the amount of KRW 100,000,000 among the claims filed by the Plaintiff A against the Defendant F and the remainder of the claim was excluded from the scope of the appellate court’s determination, and the part of the claim is excluded from the scope of the appellate court’s determination within 50,000,00 won.

2. Basic facts

A. The status of the parties is between the Plaintiff A and the Plaintiff B, Defendant C and Defendant D, respectively, and Defendant E are children of Defendant C and Defendant D.

B. A real estate sale and purchase contract between the plaintiff A and the defendant C: defendant C and the guarantor:

1. A shall be deemed to have been purchased from the respective owners of the real estate indicated in Annex A.

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