건물명도 등
1. The amount of money cited in the previous trial prior to the remand, among the plaintiff's ancillary claims added by the trial prior to the remand.
1. After remanding the case, the Plaintiff filed a claim for the return of KRW 200 million on the ground that the Plaintiff entered into a lease agreement with the Defendants around the first instance court prior to the remand, and that the lease agreement was terminated at the expiration of the subsequent period. In addition, even if the said lease agreement was null and void, the Defendants filed a claim for the return of KRW 100 million on the ground that the Defendants received a transfer of KRW 100 million from the Plaintiff in relation to the conclusion of the invalid lease agreement.
On the other hand, the first instance court rejected the Plaintiff’s primary claim on the ground that the above lease agreement is null and void, and upon the conjunctive claim, the Defendant rendered a judgment of partial acceptance that “the Defendant would pay KRW 100 million to each Plaintiff and its delay damages.” The Defendants appealed only against this, and the Supreme Court reversed the part against the Defendants among the judgment of the first instance court before remand and remanded to this court.
If the plaintiff's primary claim is dismissed, only the defendant appealed against the judgment of the appellate court which partially accepted the conjunctive claim, and the plaintiff did not appeal against the plaintiff, the legality of the appellate court's judgment against the primary claim is not subject to the investigation of the appellate court, but only the part against the defendant among the conjunctive claims before remanding the case is subject to the adjudication of the appellate court. Thus, if the defendant's final appeal is justified, the appellate court shall reverse only the part against the defendant concerning the conjunctive claims among the judgment of the appellate court before remanding the case. The appellate court's judgment against the primary claims which are not subject to the reversal and remanded is finalized simultaneously with the declaration of reversal and remanded, and as a result, the appellate court's judgment against the defendant shall be limited to the part against the defendant among the conjunctive claims (see Supreme Court Decision 201Da6213, Dec. 24, 2001).