대여금등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons for this Court’s explanation concerning this case is as follows: “from May 1, 2013 to May 15, 2013” in the second, fifth, and sixth acts of the court of first instance to “from May 15, 2013 to”; and “from May 15, 2013 to third acts” are as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments to the following three acts, and thus, it is consistent with the text of Article 420 of the Civil Procedure Act.
The plaintiff asserts that the defendant's claim for division of property against the defendant C is more concrete and confirmed, since the defendant has already been in the defendant's preparatory document dated April 24, 2015 that the amount subject to division of property between the defendant and C is KRW 27 million. The defendant's claim for division of property against the defendant is stated in the preparatory document dated April 24, 2015 that "the amount subject to division of property against the defendant 101 and 401 shall be KRW 27 million." However, if the loans, etc. related to the above apartment are deducted from the market price of the above apartment, it is nothing more than the purport that the remaining amount is KRW 27 million if it is deducted from the above apartment market price. In the lawsuit of this case, the plaintiff's claim for division of property against the defendant C cannot be viewed as having been embodied through consultation or adjudication just because the defendant specified property likely to be subject to division of property between C.
2. In conclusion, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.