logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.08.30 2018나40185
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked, and the revoked part shall be revoked.

Reasons

1. In the first instance court’s trial scope, the Plaintiff filed a claim for damages against the Defendant due to nonperformance of obligation on the principal lawsuit, and the Defendant filed a claim against the Plaintiff for a request for delivery of a building, delayed payment, rent in arrears, and tort, and the claim for a counterclaim was partially accepted, and the counterclaim was entirely dismissed.

It is evident that only the defendant has filed an appeal against part of the part against the defendant among the main claim and the part of the damages claim due to delinquency and tort among the counterclaim claims.

Therefore, it is judged that only the above part of the defendant's appeal is subject to the judgment of this court.

In this chapter, the principal lawsuit and counterclaim shall be deemed to be filed together.

2. Basic facts

A. The Plaintiff’s husband C who represented the Plaintiff on October 27, 2016, and real estate indicated in the attached list owned by the Plaintiff (hereinafter “Songbuk-gu Housing”) (hereinafter “Songbuk-gu Housing”) is the Plaintiff’s husband C who represented the Plaintiff.

(A) The ownership transfer registration under the name of G and H is completed, and 545 square meters and 367 square meters prior to the Gwangju-si, Gwangju-si (hereinafter “Gri-si land”).

2) The exchange contract was concluded to exchange (hereinafter “instant exchange contract”).

(2) The original Defendant, as indicated in the table below, determined that the value of the Seongbuk-gu house shall be KRW 500 million, and that the value of the Gri land shall be KRW 220 million, and that the collateral obligation of the right to collateral security established on each real estate shall be mutually taken over. The Defendant paid to the Plaintiff the exchange difference of KRW 40 million in the amount of KRW 220 million in the real estate price agreed upon by the original and the Defendant of Seongbuk-gu Housing in Gri-gu - the obligation of KRW 110 million in the amount of KRW 350 million in the amount of KRW 40 million in the exchange difference of KRW 150 million in the amount of KRW 40 million in the exchange difference of KRW 150 million in the amount of KRW 150 million paid by the Defendant.

B. On November 3, 2016, the Plaintiff, a Seongbuk-gu Housing Lease Contract and Ownership Transfer Registration, shall be 5 million won from the Defendant.

arrow