소유권이전등기
1. The defendant-Counterclaim plaintiff's counterclaim shall be dismissed.
2. The Defendant (Counterclaim Plaintiff) transferred to the Plaintiff (Counterclaim Defendant).
1. If the counterclaim does not contain more active contents than seeking a dismissal of the main claim, it shall be deemed that there is no benefit as a counterclaim. Thus, filing a counterclaim for a performance of a claim based on a certain claim with respect to the same claim is unlawful since the content of the claim is merely seeking a dismissal of the main claim.
(See Supreme Court Decisions 64Da903, 904 Decided December 22, 1964; 2005Da40709 Decided April 13, 2007). In light of the above legal principles, the Plaintiff seeks implementation of provisional registration procedure on the cash custody certificate prepared by the Defendant on June 10, 2014, for the first time to seek payment of KRW 105,000,000 for the first time, the Defendant sought confirmation of the existence of debt owed to the Plaintiff under the said cash custody certificate as a counter-claim, and thus, there is no benefit in confirmation since the content of the claim does not include more active contents than the Plaintiff’s request for dismissal of the lawsuit.
Therefore, the defendant's counterclaim is unlawful.
2. Determination as to the principal lawsuit
A. On May 27, 2014, the Plaintiff lent KRW 100 million to Nonparty D as indicated in the attached Form. 2) On June 10, 2014, the Defendant agreed to provide a security for the above loan obligations of D, and prepared and issued a cash custody certificate (hereinafter “the cash custody certificate of this case”) as follows to the Plaintiff.
A (Defendant) The Cash Storage Certificate B (Defendant) shall borrow KRW 105,000,000 from the Plaintiff around June 10, 2014.
6. In the event that the above amount is not repaid until October 20, the disposition of provisional registration shall be granted to B (Defendant) and the forest land and forest land C (FFC) owned by the principal to A (Plaintiff), and the documents inserted therein.