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(영문) 서울고등법원 2013.11.14 2010나120755

정산금등

Text

1. The judgment of the court of first instance, including the Defendant (Counterclaim Plaintiff)’s counterclaim filed in the trial, is as follows.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the judgment of the court of first instance, and thus, citing it as is by the main text of Article 420 of the Civil Procedure Act.

2. In the first instance court’s trial scope, the Plaintiffs filed a claim for settlement of accounts (1) (2) ownership transfer registration, (3) ownership cancellation registration, etc. (in the case where it is impossible to cancel the registration of creation of a mortgage near the area under Seoul Southern District Court’s jurisdiction No. 64580 on August 27, 2004, the Plaintiff paid KRW 600 million) with the Seoul Southern District Court’s registry office. The court of first instance accepted part of the claim against the Defendants (1) and dismissed the claim for the registration of establishment of a mortgage against the Defendants (2) by accepting the claim for ownership transfer registration against the Defendants C, but the claim for ownership transfer

The plaintiffs appealed only to the claim for settlement of accounts in the judgment of the court of first instance, and the defendants appealed only to the claim for settlement of accounts and the claim for ownership transfer registration among the judgment of the court of first instance.

However, while the appellate court is proceeding, the plaintiffs added the claim for ownership transfer registration and the claim for ownership transfer registration and the claim for ownership cancellation registration to the main claim. ② In the end, the plaintiff's claim for ownership transfer registration and the claim for ownership cancellation registration are included in the scope of the appellate court's trial.

(B) On March 3, 200, the plaintiffs shall not be separately determined as to the claims of the plaintiffs with respect to the first partnership business. (3) The plaintiffs shall not be separately determined as to the first partnership business. (3) The plaintiffs shall not be separately determined as to the first partnership business.

(a) Facts of recognition;

B. The plaintiffs