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1. The defendant shall pay 53,519,400 won to the plaintiff and 15% per annum from February 3, 2017 to the day of complete payment.
Reasons
1. Basic facts
A. The Plaintiff completed the registration of ownership transfer as receipt No. 6808 on July 13, 2005 on July 13, 2005, with respect to the share of 80,357/13,587, out of 133,587 square meters of land C forest land in the Gyeongbuk-gun, Chungcheongnam-gun, Chungcheongnam-do, the land before partition.
In addition, the land before the said subdivision was divided into C forest land 23,11 square meters, D forest land 27,047 square meters, E forest land 31,252 square meters, F forest land 50,272 square meters (hereinafter referred to as “instant real estate”), and G forest land 1,905 square meters.
B. H and I completed the registration of transfer of ownership in accordance with No. 6806 and No. 6807 of receipt on July 13, 2005, respectively, with respect to each of the instant real estate shares of 26,615/13,587.
Since then I sold to J 13,308/13,587 shares in part of the shares in the instant real estate, and the J completed the registration of ownership transfer as of October 9, 2009 by the Ulsan District Court No. 10083, Oct. 9, 2009, H sold to K 15,969/13,587, part of the shares in the instant real estate, and K completed the registration of ownership transfer as of December 27, 2013.
Moreover, following the I’s death, I’s shares (13,307/13,587) in the instant real estate were inherited to L, M, and N. L, M, and N. On April 30, 2014, the registration of ownership transfer for the said shares was completed under the Ulsan District Court’s receipt No. 4124 on April 30, 2014.
C. Meanwhile, on the other hand, the registration of ownership transfer with respect to each Plaintiff was completed as of April 21, 2015 by the Ulsan District Court No. 6600, and No. 6601, which was received on July 15, 2014 as of the entire H’s shares and the entire shares of J as to the instant real estate on the ground of the donation dated 18, 2014, as of the entire shares of Ulsan District Court No. 6600, and No. 6601, Apr. 13, 2015.
[Grounds for recognition] Gap evidence No. 1-4 and the purport of the whole pleadings
2. Determination
A. Determination as to the cause of the claim A.