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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
3. The first instance.
Reasons
1. In the first instance trial, the Plaintiff sought the cancellation registration of the registration of the order of lease registration stated in the purport of the claim. The Defendant sought the amount equivalent to the rent of KRW 100,000 per month for damages caused by the return of the lease deposit, the Plaintiff’s nonperformance of obligation, etc., expenses for directors, real estate brokerage fees, consolation money, and damages caused by the Defendant’s unauthorized disposal of goods owned by the Defendant, and the court of first instance dismissed the principal lawsuit, and dismissed the remainder of the counterclaim by citing only the claim for refund
Therefore, since only the defendant appealed on the remaining counterclaim except for the claim of consolation money and damages for delay and withdraws the claim of refund of deposit for lease, the scope of the judgment of this court is limited to the other claim for damages (excluding delay damages) except for the claim of consolation money from the counterclaim.
2. The reasoning of the court's explanation concerning this case is as follows: (a) the citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance except where the 6th trial "the plaintiff" was "the defendant," and the 13th trial "the plaintiff," respectively, was "the defendant," and (b) the part which is not subject to the judgment of the court of first instance is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act (excluding the part which
3. In conclusion, the judgment of the court of first instance is justifiable, and the defendant's appeal is dismissed, but the decision of the court of first instance 2 is invalidated by the reduction of the defendant's counterclaim in the court of first instance, and it is so decided as per Disposition.