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1. The defendant shall pay 19,921,028 won to each of the plaintiffs and 20% per annum from May 1, 2013 to the day of complete payment.
Reasons
1. Basic facts
A. The relationship 1 between the plaintiffs and the defendant are the children of the deceased H, and the I clan (hereinafter "the clan") is the clan of this case.
2) The clans of this case consisting of eight small-scales. 8 representative (J, K, L, M, Defendant, N,O, P) of each small-scale strike constitutes a board of directors and deal with major agenda items, and the Plaintiffs and the Defendant (7) belong to the same small-scales.
B. 1) On May 24, 2005, the clan of this case sold real estate owned by the same clan Qu, which is owned by the same clan on May 24, 2005, and each of the representatives of the clan passed a resolution to pay the purchase price equally to the members of the relevant clan, after first distributing the purchase price to each of the members of the clan in the same manner (hereinafter referred to as the “resolution of this case”).
(2) In accordance with the resolution of the instant case, the instant clan sold the said R or S, and T land and its ground buildings to Han Construction Co., Ltd. around 2006, and thereafter paid the Defendant, the representative of the Plaintiff, to which the Plaintiffs belong, a total of KRW 165 million out of the purchase price (i.e., KRW 145 million on March 20, 2006, KRW 5 million on April 26, 2007, KRW 50 million on April 26, 2007, KRW 50 million on September 28, 2011, KRW 10 million on September 28, 201, and KRW hereinafter “instant shares”).
C. On September 27, 2011, the Defendant paid KRW 25,552,800 in total as gift tax on the instant shares to the Seo-gu Daejeon District Tax Office.
[Reasons for Recognition] Facts without dispute, Gap's 1 through 5, 7 through 9, Eul's 1 (including each number), the purport of the whole pleadings
2. Determination:
A. According to the above facts of recognition as to the cause of the claim, the defendant shall pay to the plaintiffs 19,921,028 won [the amount distributed in this case - KRW 165 million - the gift tax paid 25,52,800] ± 7] and damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 1, 2013 to the date of full payment, which is the day following the delivery date of the copy of the complaint in this case.