Text
1. Defendant C: 26,370,000 won to Plaintiff A and 5% per annum from June 1, 2017 to September 18, 2019, and the following:
Reasons
1. Facts of recognition;
A. The Plaintiffs are married, and Defendant C is the father of Defendant D.
B. As the introduction of Defendant C, the Plaintiff purchased forest E, 12231 square meters of forest land (E forest land) in Incheon Strengthening-gun, Incheon, along with land managers, and, instead, assigned Defendant C with various kinds of development activities (such as permission for conversion of mountainous districts, deforestation, and flat work).
Therefore, on October 13, 2009, the registration of ownership transfer was completed through the joint ownership of Plaintiff B (615/12231 shares), Defendant D (67/12231 shares), F (385/12231 shares), G (1094/1231 shares) 4 persons with respect to the E forest and fields.
After then, a decision to commence voluntary auction was rendered on the above forest land by the application of a mortgagee, and on December 21, 2012, the above four persons purchased forest land and completed the registration of ownership transfer at the ratio of shares of 305/1231, respectively.
C. On December 9, 2010, Plaintiff A lent KRW 40 million to Defendant C by means of remitting KRW 5 million to Defendant C’s wife H account (hereinafter “Defendant C”) on December 23, 201
Defendant C remitted to Plaintiff A the sum of KRW 10 million on December 13, 2012, and KRW 13630,000 on February 8, 2013, KRW 13630,000,000 to Plaintiff A, and the said money was transferred to I on the same day.
E. Defendant C, who is difficult to obtain development permission due to the absence of access roads to the land E, intended to purchase the land of Jancheon-gun, Incheon, Jancheon-gun, Jan-gun (hereinafter “J forests”) from the auction with Plaintiff B.
However, since there was no purchase cost, Defendant C borrowed auction costs from Plaintiff B to participate in auction, and Defendant C decided to establish access roads and other development activities.
F. Upon Defendant C’s request (the bank transaction is known to transfer money to his/her ancillary account), Plaintiff B transferred the auction cost of KRW 12 million to the Defendant D account on June 24, 2013, ② KRW 10 million on July 1, 2013 ③ KRW 50 million on July 18, 2013 ④ KRW 10 million on July 19, 2013.
Plaintiff
B.