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서울중앙지방법원 2017.06.30 2016가단48172

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The parties and the pertinent Plaintiff are the Plaintiff (Counterclaim Defendant) in the following preceding lawsuit, and the Defendant is the Defendant (Counterclaim Plaintiff) in the prior lawsuit, and is the Defendant (Counterclaim Plaintiff) in the first, second, and third instances.

B. On August 5, 2010, the Plaintiff is the Defendant of C, D, E, and F, the heir of the deceased G on August 5, 2010 (hereinafter “the Defendants of the prior lawsuit”).

(2) The Defendant filed a counterclaim against the Plaintiff on April 16, 2012, claiming damages on behalf of the Plaintiff on the following grounds: (a) the procedures for the registration of ownership transfer as to the land listed in the separate sheet and the procedures for the change of the title of the building permit as to the building listed in the separate sheet as to the building listed in the separate sheet (number 2010Gahap7546); (b) the Defendant filed a counterclaim against the Plaintiff on April 16, 2012, on which the Defendants filed a lawsuit as the Defendants’ representative.

(Case Number 2012 Gohap3630) The claims for a counterclaim are as follows.

"The plaintiff shall pay to each of the defendants 126,713,715 won, and with 20% interest per annum from the day following the day of service of a copy of the counterclaim of this case until the day of complete payment, 5% interest per annum from September 12, 2001 to the day of service of a copy of the counterclaim of this case, 7,500,000 won per annum from the next day to the day of complete payment, and 5% interest per annum from September 24, 2003 to the day of service of a copy of the counterclaim of this case, and 20% interest per annum from the next day to the day of complete payment." The defendant shall claim from the plaintiff as a counter-payment of 60,000 won loan and life savings with the same amount.