건물인도 등
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
purport, purport, and.
1. From the first instance court’s trial scope, the Plaintiff et al. filed a claim against the Defendant and the co-defendant D of the first instance court on the principal claim for a transfer of building, and the Plaintiff filed a claim for a performance of the procedure for change of business license, and the Defendant filed a claim for reimbursement of the down payment and the construction cost invested in the instant building due to restitution or compensation
The first instance court accepted the entire principal claim of the plaintiff et al., and sentenced to a judgment dismissing the whole counterclaim by the defendant, and only the defendant appealed against the dismissal of the counterclaim by the defendant.
Therefore, among the judgment of the court of first instance, the part concerning the plaintiff et al. and the co-defendant D in the judgment of the court of first instance is finalized, and all the principal lawsuit and counterclaims between the plaintiff et al. and the defendant were transferred to this court, but the scope of the judgment of this court is limited
2. The reasons why the court has accepted the judgment of the court of first instance are stated in the reasoning of the judgment, which is part of the judgment of the court of first instance related to a counterclaim among the reasons for the judgment of the court of first instance except for dismissal or addition as follows:
(b) d.
E. Since the provisions of paragraphs 4 and 4 are the same, they shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
① The “Plaintiffs” in the judgment of the first instance court is “Plaintiffs, etc.”; “Defendant D” is “Co-Defendant D of the first instance trial”; and “Defendant C” is respectively dismissed as “Defendant”.
(2) On the 14th 12th 14th h judgment of the court of first instance, the phrase “resumption following cancellation” shall be added to the front part of the “compensation for damage due to default
③ As to the assertion emphasized or added by the Defendant in this Court, the following “3. Additional Judgment” is added.
3. Additional determination
A. 1) The Defendant asserts that the termination of the instant sales contract is unreasonable on the ground that the agreement for the payment of interest was merely an incidental agreement that was concluded based on the instant sales contract, and that the Plaintiff et al.’s cancellation of the instant sales contract on the ground that the interest, which is an incidental obligation, is not paid. 2) Of the obligations under