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1. Revocation of the first instance judgment.
2. Upon selective claims added at the trial court, Defendant B shall be entitled to the Plaintiff, and Defendant B shall be entitled to the Plaintiff on 108,317.
Reasons
1. The court's explanation on this part of the basic facts is the same as the "1. Basic Facts of the judgment of the court of first instance" (from No. 6 to No. 21). Thus, the relevant part shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The plaintiff's assertion
A. 1) The Plaintiff was the Plaintiff’s inherited land both J, M,O, P, F, and G land. The Plaintiff, as a result of the failure of the Plaintiff’s business and became a bad credit holder, held a title trust of each of the above lands to K with a view to preserving each of the above lands on November 26, 1996. (2) As each of the above lands was incorporated into the site for public works, K received K’s compensation, and K agreed on January 201 to pay all of the compensation for each of the above lands to the Plaintiff.
3) On October 3, 2014, K died. The Defendants, who were their successors, shall return the sum of KRW 790,797,250,00 paid to K to the Plaintiff in accordance with the above agreement. The Plaintiff was paid KRW 124,00,00 from K to June 13, 201, and the Plaintiff was paid KRW 666,797,250 (= KRW 790,797,250 – KRW 124,00,000) from July 7, 2005 to June 13, 201, and thus, only the Defendants were paid the remainder of KRW 666,797,250 (= KRW 790,797,250 - KRW 124,00,000). (b) The Defendants, who were their successors, were admitted to each real estate as public works.
K is a title trustee of each of the above real estate, so the above compensation should be reverted to the Plaintiff, the title truster.
2) However, from July 7, 2005 to June 13, 2011, the Plaintiff received 124,000,000 won from K. Thus, the Defendants seek payment from K’s heir only for the amount of KRW 66,797,250 remaining after deducting the above KRW 124,00,000 from the total amount of compensation received by K. 790,797,250.
3. Determination
A. The reasoning for the court’s explanation on this part of the judgment of the court of first instance regarding the “3. Judgment” was set forth in Forms 6 and 12 through 9.