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(영문) 대법원 2012.07.12 2012다36289

매매대금

Text

All appeals by the Defendant-Counterclaim Plaintiff against the principal claim are dismissed.

The defendant-Counterclaim plaintiff's counterclaims.

Reasons

1. We examine the appeal by the Defendant (Counterclaim Plaintiff) against the main claim.

Since an appeal is seeking a change of revocation of a judgment disadvantageous to himself/herself in favor of him/her, the appeal of appeal against the judgment in favor of his/her entire winning judgment shall not be permitted as there is no object or interest to

(See Supreme Court Decision 90Meu25048 delivered on November 13, 1990, etc.). The Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) filed an appeal against the Plaintiff’s claim for main lawsuit. However, according to the reasoning of the judgment below, the court below maintained the judgment of the first instance that dismissed all the claims of the Plaintiffs, and dismissed the appeal against the claims of the main lawsuit. Thus, the appeal filed by the Defendant who won the entire claim for the main lawsuit is unlawful.

2. The defendant's grounds of appeal as to the counterclaim are examined.

The judgment below

In light of the records, it is reasonable that the court below accepted only the defendant's claim for the removal cost of the second floor against the plaintiffs among the defendant's preliminary counterclaims, and dismissed all of the defendant's primary counterclaims and the defendant's claim for the removal cost of the third and fourth floor, the elevator and the repair cost of the parking machine, and the claim for reimbursement against the plaintiff B. In so doing, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of the legal principles as to deception or mistake, incomplete deliberation, or logical and empirical rules.

3. Therefore, in conclusion, all appeals against the defendant's main claim are dismissed, and all appeals against the defendant's counterclaims are dismissed, and the costs of appeal are assessed against the defendant who has lost the main claim and counterclaims together. It is so decided as per Disposition by the assent of all participating Justices on the bench.