토지사용료
1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.
2. The costs of appeal are all principal lawsuit and counterclaims.
1. The reasoning of the court of the first instance’s explanation concerning this case is as stated in the reasoning of the first instance judgment, except for the Plaintiff’s addition of the following judgments as to the matters alleged in the court of the first instance, thereby citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The Plaintiff asserts that the counterclaim by Defendant B is unlawful because it has no correlation with the Plaintiff’s principal lawsuit.
On the other hand, in the first instance trial as of April 24, 201, the existence of a trade relation, which is a counter requirement, is subject to the loss of rights due to a private interest requirement, and in the event that the plaintiff consented or responded without any objection, the counter-claim shall be deemed lawful even if there is no mutual relation (Supreme Court Decision 68Da1886, 1887 Decided November 26, 1968), and the defendant B filed a counter-claim on April 2, 2014, and the plaintiff responded without raising an objection as to the legitimacy of the counter-claim in the first instance trial as of April 24, 2014.
Moreover, the Plaintiff’s main lawsuit seeking the delivery of the said real estate and the payment of unjust enrichment equivalent to rent against the Defendants on the ground of the Defendants’ possession and use of the instant real estate, and Defendant B’s counterclaim claim seeking the registration of ownership transfer on the ground of the completion of prescription for acquisition of possession of the instant real estate (the instant real estate) and the cause of the dispute (the Defendant’s possession and use of the instant real estate) are the same and mutually connected.
Therefore, Defendant B’s counterclaim is lawful, and the Plaintiff’s counterclaim is without merit.
3. If so, the judgment of the court of first instance is just, and all appeals against the plaintiff's principal lawsuit and counterclaim are dismissed as it is without merit. It is so decided as per Disposition.