1. Of the part concerning the counterclaim in the judgment of the court of first instance, the part concerning the lower payment order (Counterclaim Plaintiff).

1. A party member's judgment of the first instance court which accepted the plaintiff's claim on the principal lawsuit and dismissed the defendant's claim on the counterclaim.

Accordingly, the appeal against the part against the defendant was dismissed, and the appeal against the claim against the defendant was dismissed, while the appeal against the counterclaim was accepted, and the judgment citing the claim against the defendant was rendered.

Therefore, the defendant did not appeal but appealed against the plaintiff, that is, the part against the plaintiff, that is, the judgment before the remanding the counterclaim. The Supreme Court reversed the part concerning the counterclaim among the judgment of the court below and rendered a judgment that the plaintiff returns to the party member.

Therefore, among the judgment of the court of first instance, the part concerning the principal lawsuit in the judgment becomes final and conclusive due to the Plaintiff’s failure to file an appeal and is not subject to the adjudication of party members after remand, but is subject to the adjudication of party members after only the part concerning the counterclaim is remanded.

(number of case in the main office is not required to be granted, but it is stated as it is to avoid confusion).

A. On November 12, 2010, the Plaintiff entered into a sales contract with the Defendant to sell each real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff at KRW 570 million (hereinafter “instant sales contract”). The Defendant shall pay the Plaintiff the remainder of KRW 57 million on the date of the contract, and the remainder of KRW 513 million on the date of the contract, until December 30, 2010, to the Plaintiff at the same time as the remainder payment is made without intermediate payment.

2. The final balance shall be paid at the latest by December 30, 2010 after completion of civil engineering works;

3. The registration of a pre-sale price shall be made simultaneously with the contract;

Provided, That this contract shall be null and void if it is not performed.

“The content of the Agreement was agreed.”

B. Accordingly, on November 12, 2010, the Plaintiff made a provisional registration on the instant real estate under the name of the Defendant on the ground of a pre-sale agreement dated November 12, 2010.