청구이의
1.The part concerning the counterclaim of the judgment of the court of first instance shall be modified as follows:
Of the instant counterclaim.
1. In the first instance court’s trial scope, the Plaintiff filed a claim for a counterclaim with the content that the Plaintiff seeks the denial of compulsory execution based on the protocol of mediation, and the Defendant filed a claim for a counterclaim with the content that seeks the payment of damages, and the court of first instance declared a judgment that accepted the claim for a principal lawsuit and dismissed the counterclaim claim.
Therefore, since the defendant filed an appeal only on the counterclaim, the scope of the judgment of this court is limited to the part of the defendant's counterclaim claim.
2. The reasoning for this part of the facts of recognition is as stated in the corresponding part of the reasoning of the judgment of the court of first instance (from No. 2, No. 11 to No. 4, No. 13 of the judgment of the court of first instance). Thus, this part is cited by the main sentence of Article 420
3. Judgment on the counterclaim
A. The Defendant asserted that the Defendant prepared documents necessary for the registration of ownership transfer of the instant real estate in order to implement the above content of the mediation protocol, and tried to reach the Plaintiff.
However, the plaintiff should bear only acquisition tax out of the cost required for the transfer of ownership, and the defendant should bear the remainder of the cost, and the defendant could not perform the procedure for the transfer of ownership against the plaintiff.
Therefore, the defendant tried to find solutions with the advice of the above certified judicial scrivener.
However, the plaintiff did not hear the explanation of the above certified judicial scrivener by asserting that the defendant erred.
Therefore, the defendant sent contents-certified mail through the above certified judicial scrivener and deposited goods, and applied for a compulsory auction on the plaintiff's real estate.
In the process, the details paid by the defendant are as follows.
The costs paid as above in the total of KRW 15,200,000 KRW 248,500 KRW 1,500 KRW 2,079,200 KRW 2,000 KRW 2,079,00 KRW 2,00 KRW 2,079,00,00 KRW 2,200,00 KRW 2,200,000 paid for a compulsory auction for the content-certified goods.