1. The counterclaim of this case shall be dismissed.

2. The costs of the lawsuit resulting from an additional judgment shall be borne by the Defendant.

1. The Defendant filed the instant counterclaim on October 15, 2014, and the instant court rendered a judgment only on October 16, 2014, which rendered a judgment on the instant counterclaim. As such, the instant judgment rendered further judgment on the instant counterclaim.

2. Judgment on the counterclaim

A. The defendant's assertion that the plaintiff interferes with the plaintiff's exercise of right, acquired unjust enrichment without cleaning a septic tank, and insulting H pastors and the defendant's father I, therefore, the defendant is obligated to pay damages amounting to KRW 10 million and damages for delay.

B. On its ex officio determination, Article 269(1) main text of the Civil Procedure Act provides that “A defendant may file a counterclaim with the court in which the principal lawsuit is pending before the closure of the pleadings only when it does not delay litigation procedures significantly.” Thus, a counterclaim filed after the closure of the pleadings is unlawful.

However, since the counterclaim of this case was filed on October 15, 2014, after the pleading against the principal lawsuit was closed on September 25, 2014, it is illegal and it constitutes a case where the defects cannot be corrected, and thus, it shall be dismissed without holding any pleadings pursuant to Article 219 of the Civil Procedure Act.

3. It is so decided as per Disposition by the assent of all participating Justices who reviewed the counterclaim of this case as unlawful.