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1. The Defendant (Counterclaim Plaintiff) individually:
A. Regarding KRW 132,389,941 and among them, KRW 80,00,000 shall apply to Plaintiff (Counterclaim Defendant) A.
Reasons
1. Determination as to the main claim
A. 1) The Plaintiffs and J as their brothers and sisters have the net K’s children, Defendant G is the wife of J, and Defendant H is the son of J.
From June 1970, the network K owned 902 square meters (hereinafter “land before division”) prior to the Seoul Special Metropolitan City, Gwanak-gu L. However, the said land before division was divided into the Seocho-gu Seoul Special Metropolitan City I and 280.5 square meters (hereinafter “instant land”) and the Mbu 303.4 square meters (hereinafter “the remaining land after division”).
B) The deceased on October 31, 1994. The plaintiffs and J, their successors, were deceased on October 31, 1994. On May 13, 2003, the plaintiff A and the remaining plaintiffs and J completed the registration of ownership transfer as to the 5/17 shares of the land of this case, and the remaining plaintiffs and J completed the registration of ownership transfer as to the 2/17 shares of each 2/17 shares on the land of this case. C) The defendant G and J newly constructed a building listed in the separate sheet (hereinafter "the building of this case") around July 1983 with a construction permit granted on the land of this case under the name of the deceased K, and completed the registration of ownership transfer in the name of the deceased K on October 29, 194, and completed the registration of ownership transfer due to donation on the same day.
The J completed the registration of ownership transfer on April 15, 2000 under the name of the Defendants with respect to the building of this case on June 9, 2000.
(1) As of August 30, 201, the rent for the instant land from August 29, 2001 to August 29, 201 is KRW 450,125,80, and as of August 30, 201, the monthly rent for the said land is KRW 4,656,300. [Grounds for recognition] There is no dispute. [This ground for recognition] The evidence Nos. 1, 2, 8-1, 2, 3, 1-1, 2, 3-2, 3-2, 4-1 to 3-5, 4-1 to 4-5, 4-1 to 4-5, the result of appraisal by an appraiser N, the purport of the whole pleadings, and the purport of the appraisal by an appraiser N, a person who owns on the land owned by another person, without authority.