건물명도
1. The Plaintiff (Counterclaim Defendant and Counterclaim Plaintiff)’s appeal is dismissed.
2. The plaintiff (Counterclaim defendant, re-Counterclaim plaintiff)'s counterclaim.
1. The Plaintiff subject to the judgment of this court filed a principal suit against the Defendant seeking to transfer the second floor area of 85 square meters among the real estate listed in the attached Table No. 2, and the Defendant filed a counterclaim against the Plaintiff on July 29, 2010 with respect to each real estate listed in the attached Table No. 2 (hereinafter “instant real estate”). The first instance court dismissed the Plaintiff’s principal suit and accepted the Defendant’s counterclaim.
As to this, the Plaintiff appealed to the counterclaim part of the judgment of the court of first instance, and thereafter filed a counterclaim seeking return of unjust enrichment against the Defendant on April 26, 2018 on the premise that the counterclaim was cited at the court of first instance, and the subject matter of the judgment of this court is limited to the counterclaim and the counterclaim part.
2. The parties' assertion
A. As to the Defendant’s counterclaim, the Plaintiff concluded a contract with the Defendant to implement the registration procedure for the transfer of the instant real estate on July 29, 2010, but on April 24, 2013, prior to the execution of the registration procedure for the transfer of the real estate, the Defendant asserted that the Defendant, on April 24, 2013, agreed to the Plaintiff to waive all the rights to the instant real estate when preparing and delivering a written confirmation stating that “the Plaintiff has the right to the instant real estate after April 24, 2013, and the Defendant confirms that no right to the said real estate exists” (hereinafter “instant written confirmation”).
B. On November 2012, the Defendant filed a complaint against the Defendant on the charge of fraud. On April 24, 2013, the Defendant agreed to revoke the said complaint on the receipt of the confirmation document of the instant case from the Defendant, and on the same day, agreed to the Defendant to the effect that “in the event of an act of a new civil suit or criminal complaint, etc., agreement shall be null and void pursuant to the said confirmation document” (hereinafter referred to as “instant agreement rejection”).
(b).