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1. The Defendants each to the Plaintiff KRW 5,216,289, as well as Defendant B with respect thereto from November 7, 2015, and Defendant C with respect to January 8, 2016.
Reasons
I. Progress of the case
1. On October 2005, the Plaintiff, Defendant B, and D (hereinafter “E”) agreed to jointly purchase the following two parcels of land (hereinafter “the instant real estate”) and the instant real estate in order to jointly purchase the following two parcels of land (hereinafter “the instant real estate”).
[Witness D, A] Real Estate:
1. A house with a scale of 260 square meters and above ground in Gyeonggi-do;
2. 79.3/685 shares in the above H road 685 square meters;
2. At the time, three persons were possessing the instant real estate located in the IBD for the purpose of investment, and three persons were plans to play or use the instant real estate with a pentle, etc.
[Witness D] 3. Defendant B participated in an investment agreement under the name of the JJ, and the name of the owner of the instant real estate was also registered in the JJ.
In addition, the agreement was made to jointly distribute 1/3 of the total sales in the future.
[Witness D, Gap 2] 4. On November 16, 2005, the registration of ownership transfer was made in the J on this case's real estate.
[A] 5. The Investment Agreement was drawn up on November 25, 2005, and the contents thereof are as shown in the attached Form.
[A] 6.6. On the other hand, regarding the real estate No. 1 of this case, the debtor J, the maximum debt amount of 70 million won on Nov. 29, 2005, and the Gai National Agricultural Cooperative of Pyeongtaek-gun (hereinafter referred to as "Gai-gun"), shall be referred to as "Gai-gun".
(2) On December 9, 2015, the registration of creation of a neighboring mortgage was completed. On the same day, on December 9, 2015, the amount of KRW 50 million was deposited into a passbook under the name of the J was used in the repayment of F’s debt, and the mortgage was cancelled on the same day (A-1, B-2). On May 22, 2011, J died on May 22, 201, and upon the delay in the repayment of the principal and interest of the loan, on March 16, 2015, the Defendants, who are the children of the J, were registered for inheritance on March 16, 2015 (as for the real estate of this case on January 8, 201, the inheritance registration was completed on March 24, 2015).