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(영문) 서울고등법원 2016.12.23 2015나21488
대표자선정
Text

1. All other claims except the portions finalized by a judgment of remand, among counterclaims filed in the trial prior to remand;

Reasons

1. Case summary

A. N owned the Yeongdeungpo-gu Seoul High Site (hereinafter “instant land”), but died around December 1984, the Plaintiff E, the wife of which succeeded to the instant land, 6/21 shares, H, 6/21 shares, 1/21 shares, 1/21 shares, 4/21 shares, 4/21 shares, 4/21 shares, 4/21 shares, 4/21 shares, 4/21 shares, and 21 shares, respectively.

B. Of them, K transferred 1/2 of its own shares to Defendant F, who is an external third village, and his wife G, respectively, and O died on February 1993 and succeeded to the shares held by Plaintiff A, B, and C, who is his family member.

C. On September 2002, co-owners of the land of this case, including the plaintiffs, prepared and executed a power of delegation to the defendant that "the co-owners of the land of this case, a building of eight and twelve stories underground and above ground shall be newly constructed on the land of this case, which are co-owners' co-owners, and the use, profit-making, and disposal of that land and building, shall be entrusted to the defendant with all of their authority, and the defendant shall be appointed as the prop and owner representative on the land of this case." On October 2005, P Condominium, a business facility of the 8th and the 12th floor above the land of this case, was completed.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 89, Eul evidence 1, 12-1, 2, Eul evidence 13-1, 2, and 3, the purport of the whole pleadings

2. A summary of the cause of the counterclaim (subject to adjudication of this court);

A. The bank loan Defendant seeks reimbursement of KRW 500 million out of KRW 1.3 billion from the bank to pay to the construction of the building of this case according to the Plaintiffs’ equity ratio (Plaintiff A A12/147, Plaintiff B, C8/147, Plaintiff D4/21, and Plaintiff E 6/21).

B. Although the Plaintiff A, B, and C had been paid due to the death of theO of the inheritance procedure costs, the Plaintiff’s heir fell under the above Plaintiffs’ reimbursement of KRW 48,377,800 for inheritance procedure costs paid by the Defendant on behalf of the Defendant and its interest (interest arising from the expenses incurred by the mandatary’s required expenditure under Article 688(1) of the Civil Act; hereinafter the same shall apply).

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