1. The counterclaim of this case shall be dismissed.

2. The Defendant (Counterclaim Plaintiff) is recorded in the separate sheet against the Plaintiff (Counterclaim Defendant).

1. We examine, ex officio, whether the counterclaim of this case is legitimate or not.

Where a party and a lawsuit with the same subject matter of lawsuit are filed differently time, the lawsuit brought later is unlawful because it violates the principle of prohibition of double lawsuit.

In this case, the criteria for determining the judgment of the previous suit and the subsequent suit will be based on the time when the lawsuit is pending, that is, after the time when the written complaint or the written application for modification is served to the defendant.

(See Supreme Court Decisions 94Da12517, 12524 Decided November 25, 1994; 2010Du7796 Decided November 29, 2012, etc.). The Defendant and the Intervenor joining the Defendant filed a lawsuit for objection, etc. against the Plaintiff on December 8, 2014, the Cheongju District Court’s Young-dong Branch Branch 2014Gadan2005, and the duplicate of the complaint was served on the Plaintiff on January 15, 2015. The said lawsuit contains the part in which the Defendant seeks to cancel the ownership transfer registration against the Plaintiff as the same cause of claim as the instant counterclaim, and is obvious in records or obvious to this court.

According to the above, the counterclaim of this case is unlawful because the duplicate of the counterclaim of this case is served after the continuation of the lawsuit of other cases, and the lawsuit of this case is delayed after the continuation of the lawsuit.

2. Determination as to the claim on the principal lawsuit

A. On September 18, 2008, the Plaintiff filed a lawsuit against the Defendant on September 18, 2008 against the Cheongju District Court 2008Kadan2462 against the Defendant for the implementation of the procedure for the registration of ownership transfer on November 9, 2006, concerning nine real estate including the instant real estate owned by the Defendant. (2) The above court rendered a favorable judgment of the Plaintiff on November 7, 2008, and the said judgment became final and conclusive on November 27, 2008, and accordingly, the Plaintiff completed the registration of ownership transfer on the instant real estate on November 18, 2014.

3. The instant real estate is currently occupied and used by the Defendant.

As to this part of the defendant.