Plaintiff (Counterclaim Defendant), appellant and appellee
Plaintiff 1
Plaintiff (Counterclaim Defendant) and appellee
Plaintiff 2 (Law Firm Young-jin, Attorney Lee Young-chul, Counsel for plaintiff-appellant)
Defendant Counterclaim Plaintiff, Appellant and Appellant
The Incheon High Court Decision 201Na1414 decided May 1, 201
Conclusion of Pleadings
December 2, 2009
The first instance judgment
Incheon District Court Decision 2008Gahap7860, 2008Gahap4875 decided June 25, 2009
Text
1. All appeals filed by the Plaintiff (Counterclaim Defendant) regarding the instant counterclaim and the Defendant (Counterclaim Plaintiff) regarding the instant principal lawsuit and the instant counterclaim are dismissed.
2. Of the appeal cost, the part incurred between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) is borne by each party, and the part incurred between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) is borne by the Defendant (Counterclaim Plaintiff).
Purport of claim and appeal
1. Purport of claim
A. Purport of the principal claim
The Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) shall implement each procedure for the registration of ownership transfer on the ground of the redemption on January 21, 2009, with respect to forest land of 38,395 square meters in Jung-gu, Incheon (hereinafter “1 omitted”), and with respect to forest land of 49,965 square meters in Jung-gu, Incheon (hereinafter “2 omitted”), to Plaintiff 1 (Counterclaim Defendant; hereinafter “Plaintiff”).
B. Claim of a counterclaim
The defendant, the plaintiff 1, 165, 088, 596 won, and the plaintiff 2 shall pay 1,174,092,560 won with 5% interest per annum from May 16, 2008 to the service date of a copy of the counterclaim of this case, and 20% interest per annum from the next day to the day of full payment.
2. Purport of appeal
A. The purport of the plaintiff 1's appeal
The above part of the judgment of the court of first instance against the plaintiff as to the counterclaim shall be revoked, and the defendant's counterclaim corresponding to the revoked part shall be dismissed.
B. The defendant's purport of appeal
1) Main part of the lawsuit
All of the judgment of the court of first instance shall be revoked. The plaintiffs' claims against the principal shall be dismissed in entirety.
2) The counterclaim part
Of the judgment of the court of first instance, with respect to a counterclaim, the part against the defendant corresponding to the amount ordered to be paid to the plaintiffs shall be revoked.
The defendant, the plaintiff 1, the plaintiff 1, the plaintiff 2, the plaintiff 1, the plaintiff 1, the plaintiff 1, the plaintiff 1, the plaintiff 2, the plaintiff 1,174,092, and the plaintiff 5% per annum from May 16, 2008 to the service date of the copy of the counterclaim of this case, and 20% per annum from the next day to the day of full payment.
Reasons
1. Quotation of judgment of the first instance;
The reasoning for this Court’s explanation is the same as that for the judgment of the court of first instance, and such reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Conclusion
Therefore, all of the plaintiffs' claims against the defendant of this case against the plaintiff of this case are accepted in its reasoning, and the defendant's claims against the plaintiff of this case against the plaintiff of this case are accepted within the scope of the above recognition, and all of the defendant's remaining claims against the plaintiff 1 of this case and the plaintiff 2's counterclaim against the plaintiff of this case are dismissed without merit. The judgment of the court of first instance is justified with this conclusion, so the appeal against the plaintiff 1 of this case and the appeal against the plaintiff 1 of this case's principal claim and the defendant's counterclaim against the plaintiff 1 of this case are dismissed in its entirety
Judges Lee Jin-Gyeong (Presiding Justice)