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(영문) 서울고등법원 2018.05.02 2017나2048315
근저당권설정등기말소
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the Plaintiff (Counterclaim Defendant) and the Plaintiff (Counterclaim Defendant).

Reasons

The scope of the judgment in this Court is the principal lawsuit in this case. ① Cancellation of the registration of the establishment of a mortgage in this case, ② Payment of damages in lieu of defect repairs and damages for delay, ③ Payment of liquidated damages and damages for delay damages. ③ Payment of the loan 200,000,000 and damages for delay damages to Plaintiff A, respectively. The Defendant claimed the payment of the loan 200,000,000 and damages for delay damages to Plaintiff A, and the payment of the loan 2,33,087,350 won in total under the agreement of this case, the agreement of this case, the agreement of this agreement of this case, and the agreement of this case, and the oral agreement of this case. (i) Payment of the contract 2,33,087,350 won in advance, and damages for delay damages, respectively.

The judgment of the court of first instance accepted part of the plaintiffs' claims, and (2) of the plaintiffs' main claims, and dismissed all of the claims and (3) of the above claims, respectively. Among the defendant's counterclaim, some of the claims and main claims of the judgment of the court of first instance were accepted, and all of the claims and ancillary claims of the judgment of the court of first instance were dismissed.

As to the whole part of the main lawsuit against the plaintiffs, the plaintiffs appealed only to the part against the plaintiffs regarding the counterclaim (the part accepting the main claim in the above paragraphs of war) and did not appeal to the part accepting the claim against the defendant among the counterclaim. The defendant only appealed to the part against the defendant as to the counterclaim, and did not appeal to the part against the defendant as to the main lawsuit against the defendant.

Therefore, the scope of this court's trial is limited to the part against the plaintiffs among the main lawsuit against the plaintiffs, the part against the defendant's counterclaim, and the part against the defendant regarding the main lawsuit (the part against the defendant, 1, 2, 2) and the part against the defendant in the counterclaim shall be excluded from the judgment of this court.

this shall apply to the judgment of the first instance.

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