Text
1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).
purport, purport, and.
Reasons
1. In the first instance trial, the plaintiff is the principal claim for the cancellation of the ownership transfer registration of an automobile. The defendant primarily requested the delivery of an automobile, and the conjunctive claim for the counter-claim for the payment of 26 million won. All of the principal claims are accepted, the main claim is dismissed, and part of the main claim is accepted, and it is obvious that only the plaintiff filed an appeal.
Therefore, only the part of the counterclaim against the plaintiff (the part partly quoted in the preliminary claim for the counterclaim) is subject to the judgment of this court.
2. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows: "1. Fact finding" and "3. On the counterclaim claim for the reasons of the judgment of the court of first instance."
B. Since the judgment on the conjunctive claim is the same as the part of the "judgment on the conjunctive claim", it is accepted by the main sentence of Article 420 of the Civil Procedure Act
3. If so, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.