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Plaintiff (Counterclaim Defendant) is KRW 150,000,000 to Defendant (Counterclaim Plaintiff) B within the scope of the property inherited from the network E.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The deceased’s death and the Plaintiff’s inheritance limited recognition network E (hereinafter “the deceased”) died on October 23, 2016, and there was the Plaintiff, the mother as the inheritor.
The Plaintiff filed a report on the recognition of the inheritance limited status with the lower court’s territorial branch of Chuncheon District Court 2017-Ma1002, and the said report was accepted on May 11, 2017.
B. (1) If Defendant B and Defendant B invested KRW 100,00,000 to the Deceased on March 29, 2016, Defendant B invested KRW 100,000 to the deceased on March 29, 2016, Defendant B’s land and G land in Gangwon-gun as the said money (hereinafter “instant land”).
(1) The agreement on the transfer of part of the said land to Defendant B after the purchase of the said land and obtaining permission for development activities as a electric complex (hereinafter “Agreement 1”).
A) Around that time, the deceased concluded a contract and paid KRW 100,000,000 to the deceased as investment money pursuant to the above agreement. (2) On April 7, 2016, the deceased purchased the land of Gangwon-gun F, Gangwon-gun, and G land from H, and on May 20, 2016, the deceased’s ownership transfer registration on the instant land was made on May 20, 2016, and thereafter on November 12, 2019, the decision to commence compulsory sale of real estate was made.
3) Meanwhile, the agreement dated March 29, 2016 stating that Defendant D shall invest KRW 100,000,000 in the deceased with the same content as that of the first agreement (hereinafter “the second agreement”), and the contract under the said agreement is “the second agreement”.
(4) On July 31, 2020, Defendant B submitted a preparatory document containing an expression of intent to cancel the First Agreement on the ground of impossibility of performance to this court, and on August 3, 2020, a duplicate of the above preparatory document was served on the Plaintiff.
C. (1) On March 23, 2016, Defendant B lent KRW 50,000,000 to the Deceased as of August 31, 2016.2) Meanwhile, the Deceased loaned KRW 115,00,000 from Defendant C.