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1. The Defendant’s respective KRW 3,079,063 to the Plaintiffs, respectively, and 5% per annum from May 4, 2016 to December 8, 2017.
Reasons
1. Basic facts
A. Nonparty D (hereinafter referred to as “the network D”) died on January 27, 2016, with the Plaintiffs and the Defendant set up.
B. On July 12, 2005, the Defendant acquired the ownership of Daegu-gu E, F, and G ground H building 7 and 208 (hereinafter “H building”). On February 26, 2016, the Defendant agreed to sell the H building to Nonparty I for KRW 115,60,000, and that the Plaintiff and the Defendant divide the amount calculated by deducting capital gains tax and other expenses from the sales price into one-third, respectively.
C. On August 26, 1999, the Daegu Dong-gu J apartment 8 Dong-dong 48 (hereinafter only referred to as J apartment), Plaintiff B acquired ownership from Nonparty K due to the sale, and on December 22, 2004, Plaintiff D acquired ownership due to the gift from Plaintiff B on December 22, 2004, and Defendant registered as the acquisition of ownership due to the sale from the network D on April 25, 2005.
A around December 11, 2013, the Plaintiff purchased real estate listed in the separate sheet, and the Defendant acquired the ownership of the real estate from the Plaintiff A on December 20, 2013.
[Reasons for Recognition] Facts without dispute and entry of Gap evidence 1 to 4 (including virtual numbers; hereinafter the same shall apply)
2. Chief;
A. The plaintiff's primary claim 1) The defendant and the plaintiff agreed to divide 1/3 of the purchase price less the transfer income tax, etc. from the sale price of the H building. Thus, the defendant shall pay 36,416,00 won per 1/3 of the purchase price less the transfer income tax of 115,60,000 won from the sale price of 115,60,000 won, and 2,020,400 won from the defect repair cost of 109,250,400 won after subtracting the transfer income tax of 2,00,000 won to the plaintiffs. However, the defendant already paid 32,00,000 won to the plaintiffs, and the above 36,416,80 won should be paid to the plaintiffs. 2) The defendant's assertion related to the J apartment as a property under the title trust and trust of the plaintiff, but again to the defendant under this understanding.