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(영문) 대구지방법원 2018.09.20 2018나2583

소유권말소등기

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1. The appeal against the counterclaim by the plaintiff (Counterclaim defendant) shall be dismissed;

2. An appeal against the principal lawsuit by the Plaintiff (Counterclaim Defendant) is filed.

Reasons

1. In light of the evidence duly examined by the court of first instance citing the judgment of the court of first instance, the fact-finding and judgment of the court of first instance are deemed legitimate.

Therefore, the reasoning of the judgment of this court is as follows, except for adding the following judgments as to the legitimacy of the plaintiff's appeal against the counterclaim, and therefore, it is consistent with the reasoning of the judgment of the court of first instance.

2. We examine ex officio whether the plaintiff's appeal against the counterclaim is legitimate, and all of the defendant's counterclaims were dismissed in the first instance court. Since the plaintiff won all of the counterclaims, the plaintiff's appeal against the plaintiff's counterclaims is unlawful as there is no benefit of appeal.

3. If so, the plaintiff's claim of the principal lawsuit is dismissed as it is without merit. The judgment of the court of first instance that dismissed the plaintiff's claim of the principal lawsuit is just, and thus, the plaintiff's appeal is dismissed, and the appeal against the plaintiff's counterclaim is unlawful, and it is so decided as per Disposition.