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1. The Defendant shall pay to the Plaintiff KRW 100,000,000 as well as 15% per annum from January 10, 2019 to the date of full payment.
Reasons
1. Facts of recognition;
A. On January 27, 1997, the Plaintiff donated the instant forest land 26,841 square meters (hereinafter “instant forest”) to the Defendant, who is the Donginsan-si. On January 27, 1997, on January 28, 1997, the Plaintiff registered the ownership transfer of the said forest under the name of the Defendant.
B. As to the instant forest land, D, a former spouse of the Defendant, applied for a decision to commence compulsory auction to Daejeon District Court E, and the auction procedure was in progress, and the said forest land was awarded to Nonparty F on April 30, 2018.
In relation to the forest land of this case, A was awarded a successful bid in 200,000 won (the successful bid price for the auction) and was owned by B for the first time, but the gift was made without compensation to B, and the condition was attached to B, which was the relationship that was sold due to the auction due to the reasons attributable to B, although B had a condition that his parents gather before his parents and would be well aware of the cemetery management, B shall pay to A the remainder immediately.
C. On April 12, 2018, the Defendant prepared and delivered to the Plaintiff a letter of performance with the following content (hereinafter “instant letter of performance”). D.
On January 10, 2019, in the above auction case, the distribution schedule was prepared to distribute the surplus of KRW 107,818,631 to the defendant who is the debtor and the owner.
[Ground of recognition] Gap evidence Nos. 1, 4, 8, Gap evidence Nos. 2-1, 2, and 3-1, and the purport of the whole pleadings
2. Determination
A. According to the above facts, barring any special circumstance, the defendant filed the suit in this case since January 10, 2019 when the submission of the distribution schedule with respect to KRW 100 million and its surplus distributed to the plaintiff in the auction case in accordance with the instant performance memorandum, and the period during which the claim was made was not arrived at the time of submission of the complaint from January 10, 2019, but as long as the plaintiff is disputed by the defendant, the plaintiff filed the suit in this case, and the period during which the lawsuit was in progress.
C. The litigation shall be facilitated until the day of full payment.