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(영문) 서울북부지방법원 2019.06.12 2017가합25981 (1)
소유권이전등기
Text

1. The counterclaim of this case shall be dismissed.

2. The costs of the counterclaim shall be borne by the counter-resident.

Reasons

ex officio, we examine the legitimacy of the counterclaim of this case.

A counterclaim may be filed with the court in which the principal lawsuit is pending, in cases where it does not substantially delay the litigation procedures, until the conclusion of pleadings. The counterclaim in this case is unlawful since the facts raised on May 28, 2019, which was after May 1, 2019, by the Seoul Northern District Court 2017Gahap25981, the principal lawsuit in this case, are apparent in the record.

Thus, the counterclaim of this case is unlawful, and its defects are not correct and thus must be dismissed without holding any pleadings pursuant to Articles 270 and 219 of the Civil Procedure Act. Since the judgment of this court rendered on June 5, 2019 was omitted, it is so decided as per Disposition in accordance with Article 212(1) of the Civil Procedure Act.

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