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1. The Plaintiff:
A. Defendant B’s KRW 1,705,976,970 as well as 5% per annum from February 19, 2014 to October 27, 2015.
Reasons
1. Facts of recognition;
A. The relationship between the parties is a clan consisting of the descendants of L 25 descendants, and Defendant B, C, D, E, F, G, and K are the Plaintiff’s members. Defendant H is the spouse of Defendant B, Defendant C’s spouse, and Defendant J is the mother of Defendant G.
B. On July 30, 2010, Defendant B sold the Plaintiff’s real estate in the amount of KRW 2.12 billion in Q215 square meters in the North-gu Q215 square meters (hereinafter “the instant forest land”) located in the north-gu Q215 square meters (hereinafter “the instant forest land”) prior to the division owned by the Plaintiff to N,O, and P on July 30, 2010; and on December 19, 2010, in the amount of KRW 1.59 square meters in the North-gu, North-gu, Seoul; and on the same day, India sold 1,051 square meters in the amount of KRW 16,5360,00 in each of the instant forest land, North-gu, North-gu, Q215 square meters in the name of the Plaintiff.
(hereinafter referred to as “total of the above real estate”) of this case.
(1) On October 2010, Defendant B received KRW 2.12 million from Defendant C, D, E, F, and G, the purchase price of the instant forest. On January 20, 2012, Defendant B opened the Agricultural Cooperative Account (V) in the name of Defendant H and stored KRW 900 million in the said purchase price, but used the payment of capital gains tax, etc. accrued from the sale of the instant forest. (2) Defendant C, D, and G returned all of KRW 80 million received from Defendant B around October 2012, Defendant B returned KRW 20 million to Defendant B, and Defendant E returned KRW 70 million to Plaintiff on the same day without returning the remainder of KRW 20 million to the Plaintiff on February 28, 2014.
1) As to the transfer difference arising from the transfer of forest land of this case, the head of the tax office having jurisdiction over the port of Korea imposes capital gains tax amounting to KRW 491,958,119 (i.e., capital gains tax amounting to KRW 492,249,119) for the Plaintiff on January 10, 201 (i.e., capital gains tax amounting to KRW 291,000).