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(영문) 의정부지방법원 2015.04.21 2014가단29636
건물인도 등
Text

1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

2.(a)

Defendant F, from the Plaintiff (Counterclaim Defendant), KRW 37,093,751.

Reasons

1. We examine, ex officio, whether the counterclaim by Defendant D is legitimate or not.

A defendant may, only if it does not remarkably delay the litigation procedures, file a counterclaim with the court in which the principal lawsuit is pending not later than the closure of pleadings.

(Article 269(1) main text of the Civil Procedure Act. However, Defendant D filed the instant counterclaim on April 3, 2015, after the lapse of March 10, 2015, which was the date of closing argument.

Therefore, the counterclaim of this case is inappropriate as being raised after the closing of argument, and thus, it is dismissed without holding any pleadings pursuant to Article 219 of the Civil Procedure Act.

2. Basic facts

A. As for the constructed rental housing under subparagraph 2 of Article 2 of the former Rental Housing Act with regard to each real estate indicated in the separate sheet, P, Q, and R ground apartment complex (hereinafter “each real estate of this case”, and each real estate of this case is indicated only by the Dong and lake), T Co., Ltd. (hereinafter “T”) completed the registration of ownership preservation on June 20, 200, and U Co., Ltd (hereinafter “U”) completed the registration of ownership transfer on the ground of the reversion of trust property on November 6, 2003, and completed each registration of ownership transfer in sequence by T, U, and V (hereinafter “V”).

B. On September 28, 2002, WX TFF 100,000 won on September 31, 2008, when the lessor entered into a lease contract with respect to each of the instant real property, the amount of KRW 100,000,000 won on May 22, 2007, YH H H H 5,000 won on may be KRW 100,000,000 on May 31, 2008, AB T. 4, 2002, KRW 1,000,000 won on September 4, 2002, KRW 3,50,000 on September 31, 2008, KRW 1,000 on May 24, 2011, KRW 5,500,000 on July 24, 201, KRW 205,00,00 on July 27, 2000.

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