소유권이전등기
1. The defendant-Counterclaim plaintiff's counterclaim shall be dismissed.
2. The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit is dismissed.
3...
1. We examine the legitimacy of the defendant's main counterclaim as to the legitimacy of the counterclaim.
If a counterclaim does not include more active contents than seeking the dismissal of the principal claim, there is no benefit as a counterclaim (see Supreme Court Decision 64Da903, 904 delivered on December 22, 1964). Thus, filing a counterclaim with respect to a suit for performance based on a certain claim, with respect to the same claim, for which the content of the claim is to substantially seek the dismissal of the principal claim, and thus, it shall be deemed unlawful.
(1) As to the plaintiff's main claim of this case where the sales contract of this case continues to exist effectively, and the defendant filed a claim for the registration of ownership transfer against the defendant, the defendant sought dismissal of the main claim on the ground that the sales contract was cancelled on the ground of the plaintiff's default, and sought confirmation of the non-existence of the plaintiff's right to claim ownership transfer transfer registration as the main counterclaim. The defendant's main counterclaim is unlawful since the defendant's main counterclaim is to request the dismissal of the main claim.
2. Determination as to the cause of action
A. The Defendant, based on the facts, is the owner of the “instant land” and the “the instant land” and the “the instant land” and the “D” of the former land, respectively, with the area of each of the instant real estate located in Echeon-si, Echeon-si. The Defendant is the owner of the instant land.
On August 25, 2014, the Plaintiff and the Defendant, on August 25, 2014, indicated a provisional partition map (which is attached to A evidence 1-2, and the sales contract) among each of the instant real estate, among the instant real estate owned by the Plaintiff, with a view to using it as a access road to the land of the E-Japan land owned by the Plaintiff. (2), and (5), among the instant real estate, KRW 151 square meters among the instant land and KRW 2,100,000,000 for the purchase price, and KRW 15 million for the down payment.