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1. Defendant I shall pay 26,400,000 won to the Plaintiff and 20% per annum from July 1, 2014 to the date of full payment.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The pertinent Plaintiff, as the child of theO (P and the husband and wife), registered the business with the trade name of Q, and was divided into 41,938.5 square meters of land for R (20,969 square meters of land for the said RR on January 26, 2016 and 20,969.2 square meters of land for the said S.; hereinafter the same shall apply) and the buildings on both the above land before and after division (hereinafter referred to as the “instant land”) and the above above ground buildings (hereinafter referred to as the “instant building”). A person who managed the instant real estate by the method of subleting the instant real estate entrusted by the owner of the instant land and the instant building (hereinafter referred to as the “instant real estate”). The Defendants are the Plaintiff who transferred part of the instant real estate to each of the pertinent real estate and had engaged in each of the relevant real estate business.
B. 1) T Co., Ltd. (hereinafter “T”) with respect to the instant real estate
) On April 16, 2008, the Plaintiff completed the registration of ownership transfer with respect to the portion of 12,699/25,398 out of the instant land, and on December 18, 2008, U.S. Co., Ltd. (hereinafter “U”).
(2) On December 29, 2008, the company’s division completed the registration of ownership transfer in the future with respect to all shares above 12,699/25,398. Of the instant land, the remaining shares except the shares above 12,699/25,398 out of the instant land are 12,699/25,398 shares, Co., Ltd., V (hereinafter “V”).
A) On October 21, 2009, U andV completed the registration of ownership transfer. 2) On March 26, 2010, concluded a real estate security trust agreement (hereinafter “instant trust agreement”) with X (hereinafter “X”) on the first priority beneficiary in order to guarantee the repayment of loans to W Co., Ltd. (hereinafter “W”), and completed the registration of trust with respect to the entire shares of each party.
Meanwhile, V and T owned the instant building at the ratio of 1/2 shares, respectively, between X on October 28, 201.