손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff, Defendant, C, and D are in a pro-friendly relationship. 2) The Plaintiff, Defendant, C, and D filed a claim for the return of legal reserve, return of unjust enrichment, partition of co-owned property, etc. in Daejeon District Court Decision 2012Gau3237 (Main Lawsuit), 2013Gau914 (Counterclaim), 2014Gau102190 (Counterclaim).
On December 5, 2014, the court of the foregoing case rendered a judgment, and the above judgment became final and conclusive after the lapse of the appeal period on December 23, 2014.
(2) Of the disposition of this case, the Plaintiff and the Defendant were sentenced to the instant lawsuit and the judgment of the said case (hereinafter referred to as the “instant judgment”). The main part of the judgment of this case is as follows.
1. (Supplementary Claim for Return of Legal Reserve) The part concerning the Plaintiff and C
2. (Share of Claim for Partition of Co-Owned Property) The Defendant obtained from the Plaintiff a cancellation of the registration of creation of a collateral security (hereinafter “mortgage 1”) (hereinafter “mortgage 2619,726/4,71,78,00 shares of the instant real property) which was completed as of April 23, 2012 with respect to 1/5 shares of 3,344 square meters of land E in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Incheon (hereinafter “the instant real property”) and paid KRW 267,976,734,744 to the Plaintiff at the same time with respect to share of 261,919,726/4,71,88,00 among the instant real property.
3. (Amount of Claim for Reimbursement) The Plaintiff shall pay to the Defendant the amount of KRW 55,445,495 and the interest rate of KRW 20% per annum from March 6, 2013 to the date of full payment.
4. (Partial Claim for Partition of Co-Owned Property) The Plaintiff shall receive KRW 2,009,452 from the Defendant, and at the same time shall deliver to the Defendant a part of the machinery and appliances (the phrases for the specification of the machinery are omitted, in the absence of direct relations with the instant case) of KRW 12,137,277/221,127,780.
3) Meanwhile, on March 10, 2014, with respect to the Plaintiff’s share (1/5) among the instant real property, the maximum debt amount of KRW 130 million is KRW 23240,000,000 with respect to the Plaintiff’s share (1/5) and the debtor F (the Plaintiff’s father, son, and mortgagee’s mortgage).