근저당권설정등기의 회복등기 등
The part of the judgment of the court of first instance against the defendant (Counterclaim) shall be revoked, and the revoked part shall be revoked.
After remanding, in the first instance trial on the scope of the trial of this court, the Plaintiff sought to the Defendant as the principal lawsuit the execution of the procedure for registration of recovery of the registration of the establishment of a neighboring mortgage, which was registered to cancel the registration of the establishment of a mortgage over the area of 571 square meters in Seocho-si in the first instance trial, against the Defendant, and against the Codefendant Codefendant E, Ltd., Ltd., F, G, H, I, J, and K, a declaration of consent to the above registration of recovery. The Defendant sought to pay KRW 30,000,000 to the Plaintiff as a counterclaim and damages for delay. The first instance court rejected the Defendant’s counterclaim while citing
The Defendant and the above co-defendant appealed on the part of the judgment of the first instance, and this Court dismissed all appeals filed by the Defendant and the above co-defendants.
(The first instance court dismissed the Defendant’s counterclaim against the Plaintiff, but the judgment of the first instance on the Defendant’s counterclaim against the Plaintiff became final and conclusive by a judgment prior to remanding the case as the Defendant did not appeal. Accordingly, the Defendant appealed on the part against the Defendant among the part on the principal lawsuit in the judgment prior to remanding the case, and the Supreme Court reversed the part on the principal lawsuit in the judgment prior to remand and remanded the case to this court
Therefore, in accordance with the above judgment of remand, the part of the Plaintiff’s claim against the above co-defendants was separated or finalized, and thus excluded from the scope of the judgment of this court after remanding. The part of the Plaintiff’s claim against the Defendant is subject to the judgment of this court after remanding only the part of the claim against the Defendant.
2. Basic facts
A. On July 3, 2014, the Defendant (hereinafter “M Co., Ltd.”) completed the registration of ownership transfer with respect to the instant land (hereinafter “instant land”) on July 3, 2014.
B. On November 5, 2014, the Defendant, between the Plaintiff and the Plaintiff, newly constructed two Dongs on the instant land, etc. (hereinafter “instant construction”) at the contract price of KRW 1,139,60,000.