(영문) 서울고등법원 2020.01.22 2019나2018103

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자간(%)

(영문) 서울고등법원 2020.01.22 2019나2018103

매매대금

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1. The plaintiff (Counterclaim defendant)'s incidental appeal is dismissed.

2. The total costs of the lawsuit shall be 40% in total, including the principal lawsuit and the counterclaim.

Reasons

1. Objects to be tried by this court after remand;

A. In the first instance court, the Plaintiff filed a claim against the Defendant for a change in the name of an unauthorized building register, along with a claim for a payment of the purchase-price, and the first instance court rejected the claim for a change in the name of an unauthorized building register, and accepted both the Plaintiff’s claim for monetary payment

B. On the other hand, the Defendant appealed and filed a counterclaim, and the Plaintiff appealed against the part against the Plaintiff in the judgment of the first instance (the part claiming a change in the name of an unauthorized building register) and extended the purport of the claim for monetary payment by filing an incidental appeal. Before the remand, this court accepted the Plaintiff’s claim for change in the name of an unauthorized building register, rejected only a part of the claim, and dismissed the remainder of the claim, and ③ dismissed the Defendant’s counterclaim.

C. The Defendant appealed only to the judgment of this court prior to remand. The Supreme Court reversed only the part on the claim for change of the name of the unauthorized building ledger among the judgment of this court prior to remand and remanded to this court. The Defendant’s appeal as to the remainder except the counterclaim claim and the part on the claim for change of the name of the unauthorized building ledger among the judgment of this court prior to remand was dismissed.

Therefore, the judgment of this court prior to remanding the part concerning the defendant's counterclaim and the part concerning the plaintiff's request for change of the name of the unauthorized building register, excluding the part concerning the plaintiff's request for change of the name of the unauthorized building register, were separated and finalized. The scope of the judgment

2. Determination on the claim for change of the name of an unauthorized building register

A. Basic facts 1) The Plaintiff and the Defendant are real estate listed in the separate sheet (hereinafter “instant building”) owned by C on January 11, 2010.

B. The purchase price shall be 140,000,000 won shall be half, and the name of the owner of an unauthorized building ledger shall be the same.

유사 판례

-서울고등법원 2020.01.22 2019나2018103

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