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1. The Defendant’s KRW 16,250,00 for the Plaintiff and 5% per annum from March 14, 2018 to July 13, 2018.
Reasons
1. Facts of recognition;
A. C (hereinafter “the deceased”) died on May 27, 2017, and jointly succeeded to the shares of 1/4 shares of each of the following: D (ma), the Defendant (mams), E (2), and the Plaintiff (3 women) who were his/her lineal descendants.
B. 1) The Deceased’s ownership of Mapo-gu Seoul Mapo Building 302 (hereinafter “F Borrowing”).
(2) On March 20, 2015, the Deceased entered into a sales contract with the Defendant to visit the office of G Licensed Real Estate Agent to sell FJ loan amounting to KRW 270,000,00 (hereinafter “instant sales contract”) between H and H (hereinafter “instant sales contract”).
According to the sales contract of this case, KRW 10,000,000 out of the down payment of KRW 20,000,000 shall be paid on the contract date, and KRW 10,000,000 shall be transferred to the deceased’s one bank account (I; hereinafter the same shall apply) on March 23, 2015, and the intermediate payment of KRW 30,000 shall be paid on April 28, 2015; and the remainder of KRW 220,00,000 shall be paid on May 28, 2015.
3) Meanwhile, J (the husband of E, who is a deceased’s father, is the deceased’s husband.
(2) On November 14, 2012, H obtained a loan of KRW 95,00,000 from the National Bank as collateral from the National Bank. Accordingly, on November 13, 2012, the registration of creation of a neighboring mortgage of KRW 114,00,00 with respect to F lending was completed. According to the instant sales contract, H pays the above loan obligations to the Deceased by the due date of the payment of the remainder; 4) on March 20, 2015, the date of the conclusion of the instant sales contract, on March 20, 2015, H paid KRW 10,000,000 out of the down payment to the Deceased’s account on March 23, 2015, the remainder of KRW 10,000,000 was transferred to the Deceased Bank’s account on March 23, 2015, and one of the Defendant’s accounts was transferred to the Deceased Bank’s account.
5) On April 28, 2015, H transferred KRW 30,000,00 to the Deceased’s Han Bank Account. On April 29, 2015, the following day, the said money was transferred to the Defendant’s Han Bank Account. 6) The Defendant transferred the said money to the Defendant’s Han Bank Account on behalf of the Deceased on May 28, 2015.