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1. The Plaintiff (Counterclaim Defendant)’s main claim against the Defendant (Counterclaim Plaintiff) and Plaintiff B’s Defendant (Counterclaim Plaintiff).
Reasons
1. Basic facts
A. In Gyeonggi-do Government, the Plaintiff (hereinafter “instant land”) and its children owned the Plaintiff B (2/10 of shares) and G (3/10 of shares) and H (2/10 of shares). G died on January 26, 200 and succeeded to the Defendant C and his/her children, who were his/her wife, 3/10 of shares of G, and the Plaintiff D and E inherited the shares of 3/10 of H on January 24, 2008 with respect to the shares of 2/10 of H on January 16, 2008, and on December 20, 2010 with respect to the shares of 2/10 of H, which were sold by compulsory auction on January 16, 2008.
B. On June 24, 198, G completed the registration of initial ownership relating to the buildings listed in the attached Form on the instant land (hereinafter “instant building”).
C. The Plaintiffs: (a) around November 1995, G’s 18 million won for the Government Agricultural Cooperative; and (b) the obligation to borrow 10 million won for the Government Agricultural Cooperative to I on December 31, 1999 for each of the loans owed to I on December 31, 199; (c) the shares in G out of the instant land and the instant building are secured; and (d) the obligation to borrow I was jointly and severally guaranteed by the Plaintiff.
(B) On June 16, 2009, Plaintiff A and Plaintiff B subrogated for KRW 19,889,550, respectively, the Plaintiffs filed a claim against the Defendants, the heir of G, by dividing the amount of subrogation into the amount of reimbursement according to the ratio of inheritance shares of the Defendants. The Plaintiffs filed a claim for reimbursement of damages for delay (Korean District Court Decision 2008Ga61097). On June 16, 2009, the conciliation protocol was prepared with the following content (hereinafter “instant conciliation protocol”).
Conciliation Provisions
1. The principal of the debt owed by the Defendants to the Plaintiffs is KRW 28 million.
2. The plaintiffs and the defendants shall sell the land of this case and the building of this case, and the balance calculated by deducting the above 28 million won from 3/10 of the sale price shall be paid to the defendants.
3. The plaintiffs' defendants.