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1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) regarding the claim for payment of the principal amount is revoked, and that part is revoked.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Plaintiff is an owner of a forest of 310 square meters (hereinafter “D”) and a forest of 133 square meters (hereinafter “E”) in Gyeonggi-gun, Gyeonggi-do.
B. On January 1, 1997, the Plaintiff entered into a loan agreement under the State Property Act (hereinafter “instant loan agreement”) with the Korea Asset Management Corporation, which was delegated by the Republic of Korea with respect to the management and disposal of 1,074m2 (hereinafter “instant State-owned land”) for the instant State-owned land, with respect to the instant State-owned land, and has paid the instant lease fee to the Korea Asset Management Corporation.
C. On March 16, 1954, F, the Defendant’s attached, completed the registration of transfer of ownership based on the restoration from destruction and loss with respect to the land of 995 square meters (hereinafter “G land”). The Defendant completed the registration of transfer of ownership based on the donation made on December 5, 191 with respect to the same land on December 9, 1991.
F From around 1972, F indicated in the attached sheet No. 1,30,31,32,33,34,9, 10, 11, 12, 13, 14, 15, 16, 17, and 11 among the State-owned land of this case adjacent to G land from around 1972, the attached sheet No. 1,30,000 square meters (hereinafter “section No. 604 square meters”) connected in order to each point of (d) part of the ship connected in the following order: (e) the attached sheet No. 9,34,35, 36, 42, 10, and 9 of appraisal among the State-owned land of this case; (e) and (e) the attached sheet No. 10,42,43,445, 12, 17, and 11; and (f) the Defendant succeeded to the portion of the land from around 19,000.
[2] In addition to the total area of the land in parts of (hereinafter, hereinafter, d), (e), and (f), 642 square meters, “land occupied in part of the instant case”] 【No dispute exists, Gap’s 1 through 3, and Eul’s 1 (including the number of branch numbers).