소유권이전등기 등
1. As to the counterclaim of the first instance judgment, including the claim extended before and after the remanding of the case.
1. Objects of adjudication of this Court;
A. At the first instance court, the Plaintiff sought the cancellation of trust registration and the acceptance of ownership transfer registration procedures, and the execution of ownership transfer registration procedures, and the Defendant sought confirmation of the existence of the obligation to pay liquidation money and the amount of liquidation money or damages as a counterclaim. The first instance court accepted the Plaintiff’s principal claim, rejected the Defendant’s principal claim, dismissed the principal claim, and dismissed the conjunctive claim. 2) The Defendant appealed against this. At the first instance court prior to the remand, the first instance court withdrawn the principal claim from the counterclaim, while expanding the claim of the preliminary claim (the amount of liquidation money or the amount of damages).
The trial prior to the remand dismissed all the plaintiff's principal claim and the defendant's counterclaim.
3) The Plaintiff and the Defendant appealed against each part of the judgment against which they lost. The judgment of remand reversed the part on the counterclaim and remanded it to this court. Accordingly, the Plaintiff’s appeal was dismissed. Accordingly, the judgment of remanding the principal lawsuit became final and conclusive simultaneously with the judgment of remanding the principal lawsuit. (4) The judgment of the court of re-transmission accepted part of the counterclaim claim, and ordered the Defendant to pay to the Plaintiff the amount of KRW 897,00,000 as liquidation money, and the amount of KRW 5% per annum from February 3, 2007 to September 4, 2014, calculated at the rate of 20% per annum from the next day to the day of complete repayment.
5. As to the part against the Plaintiff in the judgment of the party to the re-transmission, the Defendant appealed all of the part against the Defendant, and the judgment of re-transmission was accepted by the Plaintiff’s appeal, and the part against the Plaintiff in the judgment of the party to the re-transmission was reversed and remanded to this court. The Defendant’s appeal was dismissed.
Accordingly, among the parts against the plaintiff in the judgment of the court of appeal for re-transmission, the above principal amount of KRW 897,00,000 is sentenced to the judgment of re-transmission.