beta
(영문) 서울고등법원 2017.03.08 2016나17172

매매대금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff (the counterclaim defendant) regarding the conjunctive claim shall be revoked, and the above part shall be revoked.

Reasons

1. Objects to be tried on the political party after remand;

A. In the first instance court's claim and the first instance court's judgment, the plaintiff filed a claim for the purchase price payment as the main claim, the defendant's claim among the counterclaim, the second instance court's claim for the access road and packing with respect to the part of the annexed drawing (A), and the second instance's claim for the establishment of access road and packing with respect to the part of the annexed drawing (C), and the second instance's claim for the establishment of access road in the annexed drawing (C). The first instance court accepted part of the plaintiff's claim: (1) the main claim and the defendant's conjunctive claim; (4) the defendant's conjunctive claim is dismissed; (2) the defendant's main claim and the remainder of the main claim; and (3) the defendant's ancillary claim for the counterclaim.

B. The judgment of the court of first instance prior to the remand only appealed against the judgment of the defendant, and the judgment of the court prior to the remanding of the case is dismissed in entirety as to the plaintiff's main lawsuit ① and the defendant's main counterclaim ②, and the defendant's conjunctive claim ④ the defendant's conjunctive claim, and the judgment of the court of first instance changed as to the defendant'

C. On the judgment of remand, only the Plaintiff appealed, and the Supreme Court dismissed the Plaintiff’s appeal against the Plaintiff’s claim No. 1, and the part against the Plaintiff’s conjunctive claim No. 3 is reversed and remanded to this court.

In accordance with the scope of the court's trial, the defendant's counterclaim (2) and the preliminary counterclaim (4) are not dissatisfied with the judgment of the court prior to the remand, and thus the plaintiff's principal lawsuit (1) is separated and confirmed by the judgment of the court prior to the remand. Thus, the judgment subject to the trial after remand is limited to the part which was reversed and remanded, i.e., the part which was the preliminary

2. Basic facts

A. The Plaintiff’s father who represented the Plaintiff for the conclusion of the sales contract and the content thereof.