logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.06.21 2016나5463
매매대금 등
Text

1. The plaintiff (appointed party)'s appeal against the defendant B is dismissed.

2. The costs of appeal are assessed against the Plaintiff (Appointed Party).

Reasons

1. Scope of the judgment of this court;

A. In a subjective and preliminary co-litigation, a judgment shall be rendered on the claims related to all co-litigants, and the procedural acts conducted by one of the co-litigants are effective only for the benefit of all the co-litigants, and the procedural acts conducted by one of the co-litigants against all the co-litigants are effective against all the co-litigants. Thus, if an appeal is filed against any one of the main co-litigants and the conjunctive co-litigants, the part of the claims against the other co-litigants shall also be transferred to the appellate court, and becomes subject to the appellate court (see Supreme Court Decision 2006Du17765, Mar. 27, 2008). In such a case, the subject of the appellate court’s judgment shall be determined by taking into account the need for the unity of the conclusions between the main and

(See Supreme Court Decision 2009Da43355 Decided February 24, 2011). B.

In the first instance trial, “I, around September 2005, sold to the Defendant Company the amount of KRW 98,716,000 for each purchase price as stated in the Defendant Company’s primary claim and for the delayed payment of each purchase price as well as the delayed payment for the said purchase price, on November 8, 2005, after completing the registration of ownership transfer with respect to the said land. The Defendant Company asserted that “I did not pay the purchase price to I, even after completing the registration of ownership transfer with respect to the said land.”

In addition, in preparation for the case where the Defendant Company had already paid the purchase price, the Plaintiff asserted that “Defendant B received the purchase price of KRW 98,716,00 from the Defendant Company without any authority by forging the seals of Defendant B, and the Defendant Company did not examine whether the seals were forged, and paid the above purchase price to Defendant B by negligence,” and jointly and severally, the Defendants were liable for damages for each of the unlawful acts stated in the conjunctive claim.

arrow