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1. The judgment of the court of first instance is modified as follows.
The plaintiff (Counterclaim defendant) shall make each of the defendant (Counterclaim plaintiff) 91,188.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The reasoning for this part of the underlying facts is as follows: “The Defendant, around February 2016, prepared a statement of accounts related to the disposition of the forest of this case (hereinafter “the instant statement of accounts”). The instant statement of accounts is written with the amount of the deceased’s revenue, “750,00,000 won” and “839,852,820 won” with the amount of the deceased’s expense. The amount of the deceased’s expense was calculated by multiplying the amount of all expenses related to the forest of this case by the shares of the deceased,” and the same part of the judgment of the first instance except that “No. 13” was changed to “No. 15,” and this part of the judgment of the court of first instance is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on the main claim
A. (1) The Deceased, along with the Defendant, agreed to make an investment in real estate by selling the forest land of this case to a third party at the time when the market price is lower than the market price.
Investment shares in the forest of this case are 1,453/2,253, and the defendant is 800/2,253.
Due to the disposition of the instant forest land, 952,322,200 won (i.e., the disposal value of KRW 1,350,00,000 - the acquisition value of KRW 383,677,800 - the acquisition cost of KRW 14,677,800), and among them, the amount corresponding to the shares of the deceased was 614,169,621 won (==952,32,200 x 1,453/2,253).
Under the investment agreement, the Defendant is obligated to pay the Deceased KRW 870,635,916 (=investment return of KRW 614,169,621 + the investment principal of KRW 256,46,295) and delay damages therefrom.
The plaintiffs seek payment of money, such as the purport of the claim, as the heir of the deceased.
(2) In light of the contents of the instant documents and the instant settlement statement prior to the determination, the Deceased and the Defendant, out of the forest land of this case, disposes of the said forest land further from the title trust agreement on the deceased’s share.