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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) is KRW 4,380,530,000 to the Defendant (Counterclaim Plaintiff).
Reasons
1. Basic facts
A. The Plaintiff and the Defendant are children of C who died on November 17, 2015.
B. From November 16, 1989, two persons, other than the Republic of Korea, were co-owned from November 16, 1989, as follows.
1) Shares in Korea: 28.3/452 2) Shares in G: 200/452 3): H Shares: 223.7/452(i) 198/452.7/452
C. On September 3, 1990, the Plaintiff completed the registration of ownership transfer based on the sale as of August 31, 1990 with respect to the said G shares (200/452).
On April 20, 1992, the defendant completed the registration of ownership transfer based on sale as of January 30, 1990 with respect to the above H’s shares on April 20, 1992.
E. On September 5, 1994, the Plaintiff completed the registration of ownership transfer made for sale on August 31, 1994 with respect to the remainder 25.7/452 out of the above H’s shares.
Accordingly, the land of this case was owned by two others except the Republic of Korea on the register as follows.
1) Shares in Korea: 28.3/4522) Shares in the Plaintiff: Defendant Shares in 225.7/452: 198/452
F. On June 29, 2006, the size of 619 square meters in E miscellaneous land was reduced to 443 square meters by dividing the area of 176 square meters in I land, and the size of F miscellaneous land was reduced to 556 square meters by dividing it into J land, and the size of 147 square meters in F miscellaneous land was reduced to 556 square meters by an ombudsman.
G. On November 20, 2007, the size of 443 square meters in E miscellaneous land was reduced to 378 square meters by dividing it into K 65 square meters, and the size was reduced to 378 square meters in F miscellaneous land, and 84 square meters in F miscellaneous land was divided into L and 472 square meters in size by an ombudsman.
(hereinafter referred to as the “instant land” is not separately distinguishable from E land, the area of which is reduced or F.h.
With M (N) on March 31, 2015, the Plaintiff entered into a lease agreement between M (N) to lease the instant land with a fixed period of five million won per annum from April 1, 2015 to March 31, 2017 without a deposit (hereinafter “instant lease”). (A) and M.