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1. Of the part regarding the principal lawsuit in the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) against the Plaintiff is revoked.
Reasons
1. The Plaintiffs, the heir of the network H (hereinafter “the deceased”) at the first instance court, primarily, sought the payment of the amount stated in the purport of the claim and the cancellation registration procedure for the transfer of ownership as to the real estate listed in the separate sheet No. 1 (hereinafter “real estate No. 1”) from Defendant D, the heir of the deceased’s claim for recovery of inheritance, and sought the return of the money indicated in the purport of the claim on the ground that he succeeded to the Plaintiff’s claim for restitution of unjust enrichment against the Defendants on the ground that the Plaintiff’s claim for restitution of unjust enrichment against the Defendants was infringed on the Plaintiff’s legal reserve of inheritance. In the second in the second in the second in the second in the second in the second in the second in the second in the second in the second in order, the Plaintiffs sought the return of the money indicated in the purport of the claim.
As to this, Defendant D filed a counterclaim claiming the payment of the loan amounting to KRW 39 million and its delay damages with Plaintiff C, and Defendant E filed a counterclaim claiming the payment of KRW 10.4 million with Plaintiff C.
After that, the first instance court dismissed all the plaintiffs' primary claims and the first preliminary claims regarding the plaintiff's main claims, and accepted part of the second preliminary claims, and rendered the judgment of the first instance court that dismissed all the defendants' counterclaim claims.
However, in this case, only the defendants appealed against each part of the judgment of the court of first instance against each of the losing parts. Thus, the subject of the judgment of this court is limited to the second preliminary claim and the part of the defendants' counterclaim.
2. Basic facts
A. The Deceased, who married with Defendant E, had four children, including Plaintiff A, C, Defendant D, and Plaintiff B, under the chain of marriage, and on August 23, 2014, Defendant E and the said four children jointly inherited the Deceased.
B. No. 1.