(영문) 서울서부지방법원 2016.05.25 2015가단3764

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(영문) 서울서부지방법원 2016.05.25 2015가단3764

부당이득금반환

Text

1. The counterclaim of the instant lawsuit shall be dismissed.

2. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounted to KRW 27,177,887 and this amount.

Reasons

1. A claim for a counterclaim against the dismissal of a counterclaim shall have at least a claim for the principal lawsuit and the subject matter of lawsuit, and the subject matter of lawsuit and the cause of occurrence, and may be brought to the court in which the principal lawsuit is pending, only if it does not remarkably delay the litigation procedures, until the closure of pleadings

(1) According to Article 269(1) of the Civil Procedure Act, in light of the above standard, if the principal lawsuit and the counterclaim are related, the principal claim is sought to return unjust enrichment equivalent to the rent for the reason that the Defendant occupied C Apartment 111 and 2502 (hereinafter “instant apartment”) which is owned by the Plaintiff without permission. On the premise that the Defendant’s claim against the deceased’s heir, the lessee of the instant apartment, is a claim against the Plaintiff for delayed repayment of the lease deposit against the Plaintiff.

In addition, considering the cause, object, etc. of the counterclaim, it cannot be deemed that the main part is common, and it cannot be deemed that the counterclaim is related to the defense method of the main claim.

In addition, in order to examine the claim for counter-claim in terms of delay in litigation procedures, it is irrelevant to the claim for the main lawsuit, and it is inappropriate for the parties to hear the claim in the proceedings of this case due to the different parties, and the existence of the claim should be seen as the final outcome of the case in the separate lawsuit (Seoul Central District Court 2015No. 526536). It is clear that the contents of the claim for counter-claim, such as the fact that a considerable time is needed for the result of the above closing country, will considerably delay the proceedings of the main lawsuit.

Therefore, the defendant's counterclaim is dismissed as illegal.

2. Determination on the main claim

A. The plaintiff 1 was recognized as the plaintiff.

참조조문

-민사소송법 제269조 제1항

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