폐품수거
1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;
2. The Defendant (Counterclaim Plaintiff) is Gangnam-gu Seoul Metropolitan Government C.
1. Facts of recognition;
A. The Plaintiff leased part of the above ground buildings owned by the Plaintiff to the Defendant on the ground that the Plaintiff did not pay rent, etc.
B. The lease between the Plaintiff and the Defendant terminated and the building on the instant land was removed. Among the instant land, goods owned by the Defendant are stored within a temporary facility with a height of 1.2 meters installed on the ground of 14.7 square meters on the part of “A” in the ship connected each point of the attached Form 1, 2, 3, 4, 5, and 1, in sequence, among the instant land.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings
2. Determination as to the principal lawsuit
A. According to the above facts, the defendant is obligated to collect goods stored on the land of this case from the plaintiff, barring special circumstances.
B. As to this, the defendant asserts that the plaintiff deceivings the defendant, damaged the defendant's reputation, and did not refund the lease deposit. However, there is no evidence to acknowledge this, and such circumstance does not affect the defendant's duty to collect the goods loaded within the facility of this case.
Therefore, the defendant's argument is without merit.
3. Judgment on the counterclaim
(a) The defendant may, only if it does not substantially delay the proceedings, file a counterclaim with the court in which the principal lawsuit is pending not later than the closure of pleadings, and the claim which has become the object of the counterclaim must have the relation between the claim of the principal lawsuit and the method of defense (related relation).
(Article 269(1) of the Civil Procedure Act. On the other hand, the term "satisfying the claim of the principal suit" means forming the same legal relationship as the claim, or where the cause of the claim is identical, the cause of the claim is not identical.
Even if the main part is the subject or cause of occurrence, it is factual or legal.