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(영문) 서울고등법원 2019.02.14 2017나2028113
건물명도
Text

1. The amendment of the first instance judgment, including the amendment and the reduced principal claim, by this Court, shall be as follows:

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. In the first instance court’s trial scope, the Plaintiff filed a lawsuit as the principal agent for the cancellation registration of ownership transfer registration for real estate in dispute, ② delivery of real estate in dispute, ③ return of unjust enrichment equivalent to the rent. The Defendant, as a counterclaim, filed a claim for the performance of the procedure for ownership transfer registration for real estate in dispute, and the return of the purchase price for preliminary payment, at the same time, filed a claim for the performance of the procedure for ownership transfer registration for real estate in dispute and the return of the purchase price for the preliminary payment in relation to the purchase and sale contract as of November 30, 2006.

Accordingly, the first instance court, among the plaintiff's principal lawsuit, rejected part of the claim for cancellation of the ownership transfer registration of real estate in dispute, ② the claim for delivery of real estate in dispute, ③ the claim for return of unjust enrichment equivalent to the rent, ③ accepted part of the claim for return of unjust enrichment equivalent to the rent, and dismissed all of the claims related to the sales contract dated December 7, 2004 and the claim related to the sales contract dated November 30, 2006.

As to the above judgment of the court of first instance, only the plaintiff filed an appeal (However, the plaintiff changed the registration of cancellation of ownership transfer on real estate in dispute, ② the request for delivery of real estate in dispute to the claim for restitution of expropriation compensation, ③ extended the scope of unjust enrichment equivalent to the rent, and reduced the claim for the lawsuit by claiming only the remainder of the amount settled through offsetting against the opposite claim against the plaintiff, etc. while expanding the scope of unjust enrichment equivalent to the rent,) dismissed at the court of first instance among the defendant's counterclaim, the part of the main claim related to the sales contract of December 7, 2004, and the part of the conjunctive claim related to the sales contract of November 30, 206, and the part of the claim related to the sales contract of November 30, 206.

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