1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

2. The defendant (Counterclaim plaintiff) shall list the plaintiff (Counterclaim defendant) in attached Form.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Determination ex officio as to the legitimacy of the counterclaim of this case

A. Ex officio, the Defendant’s counterclaim is lawful, and the counterclaim may be lodged prior to the closing of argument in the principal lawsuit (Article 269(1) of the Civil Procedure Act). Since the Defendant’s counterclaim of this case was filed on November 12, 2018, which was after the date of closing of argument in the principal lawsuit, the counterclaim of this case is unlawful, failing to meet the requirements under Article 269(1)

Meanwhile, although the Defendant filed an application for the resumption of pleadings on November 12, 2018 for the filing of a counterclaim, the issue of whether to accept an application for the resumption of pleadings belongs to the court’s discretion. Thus, it cannot be deemed unlawful on the ground that the court rejected the application for the resumption of pleadings on the ground that it did not accept the application for the resumption of pleadings, even though the parties had sufficiently been given the opportunity to submit arguments and certifications (see, e.g., Supreme Court Decision 2015Da24751, May 31, 2017). The principal lawsuit of this case was filed on January 9, 2018, and the Defendant did not have expressed that the Plaintiff would file a counterclaim during the one-time conciliation date and the two-time date for pleading. Rather, the Defendant asserted the return of unjust enrichment against the Plaintiff and continued the lawsuit by raising it as the court’s order2017Da249800, and this court does not resume the pleadings.

B. Therefore, the defendant's counterclaim of this case is unlawful and its defects cannot be corrected. Thus, the defendant's counterclaim of this case is dismissed without holding any pleadings pursuant to Articles 270 and 219 of the Civil Procedure Act.

2. Basic facts

가. 원고는 2012. 12. 5. 피고와 별지 목록 기재 부동산 중 별지 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉤, ㉥, ㉦, ㉧, ㉠의 각 점을 순차 연결한 선내 (가)부분 200㎡(아파트 129동 지하 1층 주민운동시설장, 이하 '이 사건 주민운동시설장'이라 한다)에 관하여 유지관리보증금 10,000,000원, 청소비, 관리비 등 월 510,000원,...