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(영문) 서울고등법원 2016.06.16 2016나2003513
대여금
Text

1. The Defendant-Counterclaim Plaintiff’s appeal and the Defendant-Counterclaim Plaintiff’s selective claim added at the trial.

Reasons

1. The first instance court, within the scope of the judgment of this court, dismissed both the Plaintiff’s principal lawsuit against the Defendants and the Defendants’ counterclaim against the Plaintiff, and only the Defendants appealed against the counterclaim part, and Defendant C subsequently added the claim for the agreed amount as to the claim for payment of money to the first instance court.

Therefore, the scope of this Court's trial is the counterclaim part and the part of the claim for the agreed amount added in the trial.

2. Basic facts

A. The Plaintiff and Defendant C are both South and North Korea of the deceased M, and the Defendants are married couple.

In addition to 2 South and North Korea, 5 women's children were born to the net M.

B. On December 17, 1985, the deceased deceased on December 17, 1985, and approximately 16,416 square meters of the total land owned by the deceased (hereinafter “the land subject to inheritance of this case”) is the land subject to inheritance of this case.

On December 9, 1986, the inheritance registration was completed by agreement division between the plaintiff, alone, or the plaintiff and the defendant C, as to the land subject to the inheritance of this case. (2) As to the 3,488 square meters (hereinafter "N before division"), before the subdivision, as to the 3,488 square meters (hereinafter "N before division"), among the land subject to the inheritance of this case, the inheritance registration was completed on December 9, 1986 as to the 1/2 shares as co-ownership with the plaintiff and the defendant C.

Before subdivision, N land was divided into six pieces of “N land before N20 square meters (hereinafter “N land after subdivision”), “O road 378 square meters (hereinafter “O land”), “E-28 square meters (hereinafter “E land”), “P road 493 square meters (hereinafter “P land”), Qua 946 square meters (hereinafter “P”) before Qua 946 square meters, and “D land” (hereinafter “D land”).

3) Of the divided six parcels, five parcels (N land, O land, P land, Q land, and D land after division) were expropriated or acquired at the time of harmony from January 20, 2005 to August 31, 2007. Of them, D land was redeemed 1/2 shares in the Plaintiff and Defendant C on August 31, 2007.

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