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(영문) 수원지방법원 2015.09.11 2014나44021
건물명도
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The reasoning for the court’s explanation on this part of the claim is as stated in the judgment of the court of first instance (the judgment of the court of first instance rendered on October 16, 2014). Therefore, this part of the judgment is cited in accordance with the main text of Article 420 of the Civil Procedure Act.

2. Judgment on the counterclaim

A. The defendant's assertion that the plaintiff interferes with the plaintiff's exercise of right, acquired unjust enrichment without cleaning a septic tank, and insulting H pastors and the defendant's father I, therefore, the defendant is obligated to pay damages amounting to KRW 10 million and damages for delay.

B. On October 15, 2014, after the pleading against the principal lawsuit of this case was concluded on September 25, 2014, the Defendant filed the instant counterclaim; the court of first instance rendered a judgment only on October 16, 2014; and the court of first instance rendered a judgment dismissing the instant counterclaim on October 23, 2014, on the ground that the instant counterclaim was filed after the pleadings were concluded, and that the instant counterclaim was unlawful on October 23, 2014, it is evident in the record.

In addition, the cause of the counterclaim of this case is unclear because there is no specific content. The defendant did not comply with the order to prepare for seat on December 9, 2014 at the court of the first instance ordering the court to submit a preparatory document that specifically states the grounds for appeal.

(2) The counterclaim of this case is substantially identical to the counterclaim of this case at the appellate court. However, the first instance court did not have deliberated on the cause of the claim or the method of defense of the principal lawsuit as to the substantial issues which form the basis of the counterclaim of this case. Accordingly, the counterclaim of this case is unlawful.

3. Thus, the plaintiff's claim of the principal lawsuit is justified, and the defendant's counterclaim is dismissed, and the judgment of the court of first instance is just in conclusion, and all appeals against the principal lawsuit and the counterclaim are dismissed. It is so decided as per Disposition.

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