Defendant (Counterclaim Plaintiff) as to the part concerning the principal lawsuit among the part against Defendant (Counterclaim Plaintiff) in the judgment of the first instance.

1. After remanding the case at the first instance trial of this court, the Plaintiff filed a claim against the Defendant as the principal lawsuit to: (a) the Plaintiff filed a claim against the Defendant to perform the registration procedure for creation of a lower right and cancellation of the registration of creation of superficies on each real estate listed in attached Table No. 1; and (b) the Defendant filed a claim against the Plaintiff as a counterclaim for payment of KRW 120,000,000 and delayed damages therefor; and (c) the first instance court cited both the Plaintiff’s claims against the principal lawsuit and dismissed the Defendant’s counterclaim.

The defendant appealed against the defendant in the judgment of the court of first instance. Before the refund, this court accepted the defendant's appeal on the principal lawsuit and dismissed the plaintiff's appeal on the principal lawsuit against the defendant, and dismissed the appeal on the counterclaim (the defendant did not appeal against the counterclaim, and thereby, the part on the lawsuit against the judgment of the court of first instance in the judgment became final and conclusive.

In the case of the counterclaim of this case, the defendant asserts that if the plaintiff's claim for the counterclaim of this case is accepted in the appellate court that reversed the plaintiff's claim for the counterclaim of this case, the part concerning the defendant's claim for the counterclaim of this case should be judged again. However, since the plaintiff's tort is the plaintiff's claim for damages against the defendant's failure to receive loans from C, B, etc. due to the plaintiff's tort, it is obvious that the plaintiff's assertion itself does not per se be premised on the plaintiff's acceptance of the plaintiff's claim, this part of the defendant's assertion cannot be accepted). The plaintiff appealed against the part concerning the principal lawsuit of this case before remand, and the Supreme

Therefore, the part of the Defendant’s counterclaim claim in the judgment before remanding according to the above judgment of remand became separate and final, and thus excluded from the scope of the judgment of this court, and only the part of the Plaintiff’s counterclaim claim against the Defendant was subject to the judgment of this court after remanding.