1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

1. The judgment of the court of first instance, which rejected the defendant’s counterclaim, and accepted the plaintiff’s claim on the principal lawsuit, only the defendant appealed as to the part on the counterclaim.

Therefore, the scope of this court's judgment is limited to the counterclaim part of the first instance judgment.

2. The defendant's assertion is selectively asserted as follows. A.

Upon the cancellation or cancellation of a sales contract, the Plaintiff filed a claim for restitution of the said money with the principal suit in the first instance court, alleging that the Plaintiff purchased the instant real estate from the Defendant and paid the principal claim amount with the sales price.

Since the plaintiff's claim against the plaintiff is cancelled or cancelled a sales contract for the real estate of this case, the above sales contract should be viewed to have been cancelled or cancelled by the agreement of the plaintiff and the defendant.

Therefore, the Plaintiff is obligated to implement the registration procedure for cancellation of ownership transfer of this case, which was completed due to a sales contract, due to the cancellation or cancellation of a sales contract against the Defendant.

B. The registration of ownership transfer in this case following the invalidation of the registration of ownership transfer is null and void because it is completed without going through liquidation procedures prescribed in the Act on the Provisional Registration Security, etc., and therefore, the plaintiff is liable to implement the procedure for registration of cancellation of ownership transfer in this case to

3. Determination

A. The plaintiff asserted that the judgment on the main defense of the plaintiff's main defense constitutes a double lawsuit, and thus, constitutes an unlawful lawsuit.

On the other hand, the prohibition of double lawsuit under Article 259 of the Civil Procedure Act is the effect of the lawsuit that is brought by the continuation of the lawsuit, so the first lawsuit is not a problem if the judgment of the first lawsuit becomes final and conclusive and the continuation of the lawsuit is extinguished.

However, in full view of Gap evidence Nos. 8 and 19-2 and the purport of the whole pleadings, the defendant's objection.