보관료상환
1. Of the judgment of the first instance on a counterclaim, the part against the Plaintiff (Counterclaim Defendant) shall be revoked, and that part shall be applicable thereto.
1. Progression of litigation and scope of adjudication;
A. 1) The plaintiff claimed against the defendant for payment of KRW 122,936,00, which is equivalent to the storage fees for three months due to the execution of administrative vicarious execution as the principal lawsuit. The defendant filed a claim against the plaintiff for damages for which the non-short-term amount was abolished due to illegal vicarious execution against the plaintiff, and for which the court of first instance claimed payment of KRW 1,20,000,000 and damages for delay thereof. 2) The court of first instance dismissed the plaintiff's principal claim, and accepted the part of KRW 752,757,00 among the defendant's counterclaim claim, and damages for delay. The remaining claims were dismissed.
3) On the judgment of the first instance court, the Plaintiff and the Defendant appealed as to the part against which they lost, and the Defendant extended the claim for a counterclaim to KRW 20,00,000,000 and damages for delay thereof at the trial prior to remand. The trial prior to remand was partially accepted the Plaintiff’s appeal, and the part against the Plaintiff was revoked, and the part against the Plaintiff was revoked. Of the counterclaim claim, the part against the Plaintiff was revoked, and the part against the Plaintiff was dismissed, and the remainder of the Plaintiff’s appeal and the Defendant’s claim for a counterclaim extended in the trial prior to remand was dismissed, respectively. 4) On the judgment of the first instance court prior to remand, the Supreme Court reversed the part against the Plaintiff and the Defendant, and remanded to the court prior to remand, and dismissed all the appeals against the Plaintiff and the Defendant’s principal lawsuit.
B. The scope of the trial after remanding the case shall be limited to the counterclaim that has been destroyed and remanded.
2. Basic facts
A. 1) The designation and public notice of the Prearranged area - The national rental housing complex creation project (Seoul B; hereinafter “instant project”).
- Project Operators D-Public Notice of the Ministry of Construction and Transportation on July 6, 2005, and the Ministry of Construction and Transportation on December 29, 2005.