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(영문) 광주지방법원 2020.05.07 2019나61501
가등기말소 등
Text

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

2. The Defendant (Counterclaim Plaintiff) filed in this Court against the Plaintiff.

Reasons

1. The defendant's grounds for appeal as to the claim on the merits are not significantly different from the argument in the first instance court, and the fact-finding and decision in the first instance court are justified.

Therefore, the reasoning of the judgment of this court is identical to the reasoning of the judgment of the court of first instance. Thus, it is accepted by the main text of Article 420 of the

(However, the counterclaim, which was brought at the trial of the first instance court at the trial of February 2, 200, regarding the legitimacy of the counterclaim of this case, can be brought before the conclusion of the pleadings at the trial court where the main lawsuit is pending. Since it is apparent in the record that the counterclaim of this case was brought on April 10, 202, which was after the conclusion of the pleadings at the trial court, the counterclaim of this case is unlawful since it was brought after the conclusion of arguments at the main lawsuit.

On the other hand, the defendant submitted a counterclaim on April 10, 2020 and applied for the resumption of pleadings simultaneously.

The issue of whether a party receives an application for the resumption of pleading is within the court’s discretion. Thus, the court did not accept the application for the resumption of pleading in cases where the party did not submit his/her assertion and proof even though the party had sufficiently been able to submit his/her assertion and proof after the closing of argument.

Thus, it cannot be deemed unlawful.

(See Supreme Court Decision 201Da67743 Decided November 10, 201). The Defendant’s motion to resume the pleadings was sufficiently disputed in the course of the pleadings in the principal lawsuit. The contents of the motion are not different from those of the previous assertion, as well as the process of the instant lawsuit, the contents of the motion to resume the pleadings, the contents of the counterclaim, and the evidence presented in the first instance trial. As such, the Defendant’s motion to resume the pleadings is rejected.

3. If so, the plaintiff's claim of the principal lawsuit is justified, and the judgment of the court of first instance is accepted.

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