지분금 청구의 소
1. The Defendant (Counterclaim Plaintiff) paid KRW 26,00,571 to the Plaintiff (Counterclaim Defendant) and its related amount from June 17, 2016 to October 27, 2017.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On the ground of legacy on May 30, 1990 with respect to the land for C, 5,993 square meters and above-ground buildings (hereinafter “instant real estate”) around Busan-si on December 10, 191, the registration of ownership transfer was completed with respect to the shares of 20/10 in the future of the Plaintiff on May 30, 1990, with respect to the shares of 60/100 in the Defendant, who is the Plaintiff’s punishment, as to the shares of 20/10 in the future of D, other than the Plaintiff and the Defendant.
B. From June 1993 to January 2006, the Plaintiff entered into a lease agreement with respect to the instant real estate No. 1, and managed the instant real estate by receiving lease deposit and rent from the lessee. The Defendant and the Plaintiff did not properly settle the profits of the instant real estate. From May 1, 2010, the Defendant managed the instant real estate No. 1, and the Defendant did not settle the profits of the Plaintiff and the instant real estate No. 1.
C. The Plaintiff and the Defendant jointly succeeded to the area of 103 square meters (hereinafter “the instant 2 real estate”) prior to L in Busan Metropolitan City owned by the deceased K. D, E, F, G, H, I, and J. D.
In order to dispose of the instant 1 real estate, co-owners of the instant 1 and 2 were also required to dispose of the instant 1 and 2 real estate, and the co-owners of the instant 1 and 2 decided to dispose of the instant 2 real estate together with the instant 1 and 2, and for convenience, the registration of ownership transfer is completed in the name of E on March 18, 2015 due to inheritance by consultation and division.
E. On July 7, 2015, co-owners of the instant real estate Nos. 1 and 2 concluded a sales contract (hereinafter “first sales contract of this case”) with respect to the instant real estate No. 1,35,67 million won (a contract amounting to KRW 196 million, an intermediate payment of KRW 940,700,000,000 won, and an intermediate payment of KRW 122,000,000).
On October 5, 2015, the above E sales amount is 4.4.