건물명도
In accordance with the claim of the Plaintiff (Counterclaim Defendant) that was added by this Court, the Defendant (Counterclaim Plaintiff) is entitled to do so.
1. From the first instance court’s trial scope, the Plaintiff sought delivery of the instant real estate as the principal lawsuit. The Defendant sought payment of KRW 220 million for a counterclaim and implementation of the procedure for ownership transfer registration of the instant real estate. The first instance court accepted the Defendant’s claim for performance of the procedure for ownership transfer registration from among the Defendant’s counterclaim claims, and dismissed the Plaintiff’s claim for the principal lawsuit and the Defendant’s claim for damages from among the Defendant’s counterclaim claims.
Since only the plaintiff appealed against this, the scope of the trial of the party shall be limited to the plaintiff's main claim (including the conjunctive claim added in the trial) and the defendant's counterclaim, the claim for the execution of the procedure for the registration of ownership transfer as cited in the first trial.
2. The reasons why the court should explain this part of the basic facts are as follows, and this part of the reasoning of the judgment of the court of first instance is the same as the entry of "1. Recognition" in the reasoning of the judgment of the court of first instance, and therefore it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Nos. 12 and 13 of the judgment of the first instance shall be followed as follows.
"The following facts shall not be disputed between the parties, or may be recognized by taking into account the whole purport of the pleadings as a whole in relation to Gap evidence 1, Gap evidence 2, Eul evidence 4 through 6, Eul evidence 1 through 5, Eul evidence 8-1, Eul evidence 11-2, Eul evidence 13, Eul evidence 14-3 through 6, Eul evidence 15, Eul evidence 15, witness C and some testimonys of the first instance trial."
(b) No. 3 of the first instance judgment shall be followed by the following:
The right to collateral security established by the registration of the establishment of a neighboring mortgage (hereinafter referred to as the “instant right to collateral security”) by the Seoul Eastern District Court No. 26170, the registration and receipt of the Seoul Eastern District Court
(C) complete the Project."
(c)in Part III, following the third decision of the court of first instance:
In addition, the plaintiff, the defendant, and G are in this case to the O around February 20, 2014.