건물인도 등
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) deliver the real estate recorded in the Schedule;
(b) gold 753.
1. As to the legality of the part of a claim for monetary payment among the counterclaims in the instant counterclaim, the Plaintiff asserts that the Plaintiff agreed to pay the Defendant the amount of KRW 50 million on April 24, 2012 to the Defendant by November 8, 2012, on the grounds of a claim for monetary payment among the counterclaims in the instant counterclaims, the Plaintiff asserts that the counterclaims in this part are unlawful on the grounds that it is not relevant to the means of claim or defense.
In order for a counterclaim to be lawful, a counterclaim claim must be related to one another (proviso of Article 269(1) of the Civil Procedure Act). Here, the relevance of a counterclaim to the claim of the principal lawsuit is for the purpose of forming the same legal relationship as that of the claim, or where the cause of the counterclaim is identical, the cause of the claim is not identical.
Even if the main part of the target or cause is factually or legally common, and the relevance of the defense method of the main claim means the case where the counterclaim is common in terms of the grounds and objects of the main claim or cause of the main claim.
In this case, the plaintiff's main claim is the co-owner of the building stated in the attached list, seeking delivery and unjust enrichment against the defendant, while the defendant's counterclaim is not related to the claim of the main claim, and it cannot be deemed that there is a factual or legal common relationship in the subject of the dispute or the cause of the dispute. Thus, it is difficult to view that the defendant's counterclaim is in the relation of defense against the main claim of the plaintiff or the main claim of the main claim.
Therefore, the plaintiff's main defense pointing this out is reasonable, and the defendant's counterclaim is unlawful.
2. On March 31, 2012, the real estate recorded in the attached list of judgment on the claim for ownership transfer registration among the principal lawsuit and the counterclaim claim (hereinafter “instant building”) is owned by C.