손해배상(기) 등
1. Appeal against the principal lawsuit and counterclaim by the plaintiff (Counterclaim defendant) and appeal against the counterclaim by the counter defendant B.
1. The scope of this Court’s trial is the principal lawsuit, and the counterclaim Defendant B filed a claim against the Defendant and the counterclaim Plaintiff D for restitution and damages due to the cancellation of the contract, and the Plaintiff filed a claim against the Defendant for cancellation of the establishment registration of the neighboring mortgage. As a counterclaim, the Defendant filed a claim against the Plaintiff for cancellation of ownership transfer registration, a claim for unjust enrichment and damages against the Plaintiff and the counterclaim Defendant B, and a claim for land transfer against the Plaintiff and the counterclaim Plaintiff D filed a claim for land transfer against the Plaintiff and B.
The first instance court dismissed all the claims of the Plaintiff and the counterclaim Defendant B, and partly accepted the Defendant’s counterclaim and dismissed the remainder of the counterclaim, and dismissed the counterclaim claim of the counterclaim of the Counterclaim D.
On this issue, the Plaintiff and the counterclaim Defendant B appealed, and on November 8, 2017, the counterclaim Defendant B withdrawn respectively the principal suit against the Defendant and the counterclaim Plaintiff D.
Therefore, the scope of this Court's trial is limited to the plaintiff's principal claim against the defendant (including a claim added by this court) and the defendant's counterclaim against the plaintiff and counterclaim defendant B.
2. The reasons why this Court is stated in this part of the underlying facts are the same as the corresponding part of the judgment of the first instance, unless the following parts are excluded from the corresponding part of the cited facts (hereinafter referred to as the “applicable to the cited part”). As such, it shall be cited in accordance with the main sentence
[Supplementary part] On No. 4, 3 of the judgment of the first instance court, Defendant D Co., Ltd. was used as “Counterclaim Plaintiff D,” and Defendant D et al. was used as “Counterclaim Plaintiff D.”
Part 4 of the judgment of the first instance court, "each of the lands of this case" is used as "the land of this case", and all of the "each of the lands of this case" below is used as "the land of this case".
On the fourth part of the judgment of the first instance, the defendant C was used as "the defendant" in the fourth part of the judgment of the first instance, and all of the defendant C was used as "the defendant".
The fourth part of the judgment of the first instance is as follows: "Plaintiff A" in the 12th part.