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1. The Defendant’s KRW 20,428,268 as well as the Plaintiff’s annual rate of 5% from January 11, 2017 to June 13, 2017.
Reasons
1. Basic facts
A. Of the real estate listed in the separate sheet (hereinafter “instant real estate”), the Plaintiff’s share 6/10 and the Defendant’s share 4/10 were transferred on September 22, 2008 due to the inheritance by agreement division on May 9, 2008.
B. On February 4, 2015, the Plaintiff filed a lawsuit against the Defendant as to partition of co-owned property, and rendered a compulsory conciliation decision on February 24, 2015 that “The remaining amount after deducting auction expenses from the proceeds from the sale of the instant real estate sold at auction shall be distributed at the ratio of Plaintiff 6 and Defendant 4,” which became final and conclusive on February 24, 2015.
C. The Seoul Northern District Court C was in progress with an auction procedure for partition of co-owned property as to the instant real estate, and D, the lessee of a small amount of KRW 513,223,833, the amount to be actually distributed on December 6, 2016, received KRW 3 million in the first order, and E, the lessee of a small amount of KRW 60,000,000,000 in the second order, and the Plaintiff and the Defendant received each share of KRW 270,134,300, and the Defendant received each share of KRW 180,089,533.
Meanwhile, the Plaintiff received KRW 3 million of the lease deposit and KRW 5 million of the lease deposit paid by D, and the Plaintiff and the Defendant agreed to pay KRW 20 million of the lease deposit received by the Plaintiff and the Defendant, as the Defendant, from the Plaintiff’s partner and the Defendant, at the time of the inheritance consultation and division.
E. On February 27, 2014, the Defendant sent e-mail to the Plaintiff that he would remit KRW 2,628,270, the Plaintiff’s share, while disclosing the details of revenue and expenditure, but did not pay it up to now.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including a provisional number), the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of determination as to the cause of the claim, the sum of the lease deposit amount of KRW 63 million ( KRW 3 million + KRW 60 million) received or to be borne by the Plaintiff is KRW 20 million + KRW 3 million of the lease deposit amount.