beta
Text
1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the conjunctive claim added by this court are dismissed.
2...
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The reasoning of the judgment of the court of first instance is as follows, except for the following “the part which is dismissed or added.” Therefore, this Court’s ruling is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The Plaintiff is obligated to return the lease deposit amount of KRW 285 million to the Defendant on the ground that the Plaintiff had the obligation to return the lease deposit amount of KRW 40 million to the Defendant on the ground that the Plaintiff had the obligation to return the lease deposit amount of KRW 285 million to the Defendant on the ground that the Plaintiff had the obligation to return the lease deposit of KRW 30,00,000,000 from the date of the first instance judgment No. 11 to the date of the third instance judgment. The above obligation is the obligation to deliver the Defendant’s real estate and the obligation to simultaneously perform the obligation to return the lease deposit of KRW 285,00,000 according to the lease agreement of each of the instant real estate. The Plaintiff was obligated to return the lease deposit to the Defendant on the ground that the Plaintiff succeeded to the obligation to return the lease deposit of KRW 285,00,000 in accordance with the Housing Lease Protection Act or the Commercial Building Lease Protection Act, and the above obligation to return the lease deposit is the obligation of the Defendant on each of the instant real estate.
“B No. 29, 30, and B No. 31-2” shall be added to the evidence of the fifth sentence of the first instance court.
The 5th to 19th written judgments of the first instance court are as follows.
① In full view of the respective descriptions and arguments in subparagraphs 11 and 13, and 15-1 and 2, the Defendant filed a lawsuit claiming a loan against C by asserting that C had a claim of KRW 738,174,200, such as a loan, etc., and the Seogu District Court of Daejeon dismissed all the Defendant’s claim on October 4, 2018.