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(영문) 서울고등법원 2018.07.25 2018나2009386
건물명도
Text

1. The part of the judgment of the court of first instance concerning the claim for extradition among the principal lawsuit shall be modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim).

Reasons

1. After remanding, the plaintiff at the first instance court, as the principal lawsuit, filed a claim against the defendant for delivery of the building of this case and for damages arising from the violation of the lease agreement or the obstruction of PF lending (10 million won). The defendant, as a counterclaim, filed a claim against the plaintiff for damages due to defamation or insult (110 million won).

The first instance court accepted part of the defendant's simultaneous performance defense as to the claim for delivery among the principal lawsuit, and partly accepted it, and dismissed the remainder of the principal lawsuit and the counterclaim including the claim for damages.

With respect to the part against the Plaintiff as to the principal lawsuit, the Defendant filed each appeal against each Defendant as to the principal lawsuit and counterclaim, and the court prior to the remanded the judgment of the first instance court, which partly accepted the claim for delivery among the principal lawsuit and dismissed the remainder of the principal lawsuit and the counterclaim, including the claim for damages.

On the other hand, only the Defendant appealed against each of the Defendant on the principal lawsuit and counterclaim. The Supreme Court reversed the part against the Defendant on the principal lawsuit in the judgment prior to remand, and remanded it to this court, and dismissed the remainder of the Defendant’s appeal.

Therefore, the part of the claim for damages in the principal lawsuit is finalized as it is without filing an appeal against the judgment against the plaintiff in this court prior to the remand. The defendant's appeal against the judgment against the defendant in this court prior to the remand became final and conclusive as it is.

Therefore, the scope of this Court's trial after remand is limited to the part of India.

2. Basic facts

A. The Plaintiff is a party 1) The Plaintiff is a D apartment in Yongsan-gu Seoul Metropolitan Government (hereinafter “instant apartment”).

(F) the F Co., Ltd. (hereinafter referred to as “F”).

On June 12, 2006, an asset management company which entered into an asset management service contract with the Plaintiff is an asset management company.

Co., Ltd.

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