1. Of the judgment of the court of first instance, the part concerning the counterclaim in the judgment shall be modified as follows:

The counterclaim defendants are common.

1. In the first instance judgment after remanding the case, the counterclaim Defendant filed a claim for damages against the counterclaim and the representative director thereof as the principal lawsuit against C, and the counterclaim filed a claim for damages due to the breach of contractual or duty of disclosure. The counterclaim is a counterclaim and the claim for damages due to the impossibility of performance in the first instance judgment. The first instance court dismissed all the claim of the counterclaim by the counterclaim Defendant and rendered a judgment citing the counterclaim by the counterclaim.

Accordingly, the counterclaim defendant appealed, and the judgment prior to the remand is dismissed by the counterclaim defendant's appeal against the main lawsuit, and the appeal against the counterclaim by the counterclaim defendant is accepted in part, and the main counterclaim claim is dismissed, and the judgment which partly admitted the main counterclaim claim is rendered.

Therefore, the Counterclaim filed an appeal, and the judgment of remand reversed and remanded all the parts concerning the counterclaims in the judgment before remanding.

Therefore, among the judgment of the court prior to remand, the part of the claim for the principal lawsuit by the counterclaim defendant becomes final and conclusive and excluded from the scope of the judgment of the court, and only the part of the claim for the counterclaim that has been destroyed and remanded shall be subject to

2. Basic facts

A. On July 14, 2010, the counterclaim Defendant and the counterclaim enter into an agreement with the counterclaim Defendant on July 14, 2010, that 4,524 square meters of H factory site, 4,496 square meters of K factory site, 4,499 square meters of J factory site, 4,451 square meters of L factory site, 4,480 square meters of land, 4,480 square meters of land, and 99 square meters of M forest land (hereinafter the above real estate collectively referred to as the “instant real estate”). On July 14, 2010, the counterclaim Defendant newly constructed and sold 35 factories on that ground to the counterclaim, and paid the balance of land to the counterclaim as sales goods. The counterclaim entered into an agreement with the counterclaim Defendant to complete the registration of ownership transfer on the instant real estate.

B. On July 22, 2010, the counterclaim Defendant and the counterclaim Plaintiff enter into the agreement above.