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(영문) 수원지방법원 2015.10.15 2014나27156
대여금
Text

1. The main claim extended by the Plaintiff (Counterclaim Defendant) in the first instance and the Defendant (Counterclaim Plaintiff) expanded in the first instance.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants were children of G (hereinafter “the deceased”). As the deceased died on January 12, 199, the Plaintiff and the Defendants jointly inherited each of 2/15 shares of the deceased’s property, and the J, the wife of the deceased, 3/15 shares of the deceased.

B. On November 29, 1997, the Deceased received a loan of KRW 16,00,000 from the Gwangju Agricultural Cooperative with the new house construction fund for 15 years after five years, and died on January 12, 1999 without paying the principal and interest thereof (hereinafter “instant loan”).

C. At the time of death, the Deceased owned a 492 square meters of H miscellaneous land in Gwangju-si (hereinafter “H land”) and 830 square meters of I miscellaneous land (hereinafter “I land”). However, on the H land, there were 164 square meters of lightweight, steel structure, sand site location plate, single-story agricultural products storage facilities, and on the I land, there were 180 square meters of non-registered Blue land and 160 square meters of 180 square meters of low-rises of block structure, block structure, string, one-story, one-story of block structure (hereinafter “instant building”).

The Plaintiff filed a lawsuit against the Defendants on the principal and interest of loan and inherited real estate repaid by the Plaintiff until December 31, 2010 with respect to the loan of this case pursuant to the Suwon District Court Sungnam Branch 201Ga12688, seeking compensation equivalent to the amount of the Defendants’ share in inheritance among public charges paid by the Plaintiff. The Defendants filed a counterclaim against the Plaintiff against the Plaintiff, as the same court 201Gahap12695, seeking return of unjust enrichment equivalent to the Defendants’ share in inheritance among the amount equivalent to the rent of the real estate used exclusively and used exclusively by the Plaintiff among inherited real estate (hereinafter referred to as “instant counterclaim by combining the instant counterclaim”), and the conciliation was completed on November 9, 2012 by the said court.

(hereinafter “instant protocol of mediation”). 1 Plaintiff’s claim against the Defendants of this case for inheritance expenses, and Plaintiff’s claim against the Defendants for real estate fees, etc.

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