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1. The Defendant’s KRW 42,00,000 as well as 5% per annum from June 18, 2010 to April 4, 2019 to the Plaintiff.
Reasons
1. Basic facts
A. A. Around June 2009, the Plaintiff purchased from C the purchase price of KRW 1,080,000,000, the purchase price of KRW 59,504 square meters (hereinafter “D forest”) for D forest owned by C (hereinafter “the purchase price”).
B. Around June 2009, the deceased E (hereinafter “the deceased”) purchased KRW 3,00 square meters from A to KRW 180,000,000 among D forest land before the division. On June 19, 2009, the deceased transferred KRW 40,000 to the Plaintiff’s F Association account in the name of the deceased. The deceased calculated KRW 70,000,000 on the deceased’s G collective housing No. H on the ground of Pyeongtaek-si owned by the deceased as KRW 70,00,000, and transferred the Plaintiff’s relatives’ marriage I in lieu of the payment of the above purchase price on October 5, 2009.
C. On June 14, 2009, the Plaintiff, J, K, L, M, the Deceased, and the Defendant drafted a purchase share agreement with respect to D forest land before the split-off as follows:
The purchase shares contract: (A) The purchase shares of L, M, the deceased, and the defendant's location are as follows: (a) the purchase shares of L shall be determined at 4,500 square meters per 4,00 square meters per 1/4,00 of the total area (14,876 square meters); (b) the purchase shares of L shall be determined at 9,000 square meters per 1/2 of the total area (2,9751 square meters); (c) the purchase shares of L shall be determined at 4,50 square meters per 4,500 square meters per 1/4 of the total area (14,876 square meters); (d) L shall be determined at 3,00 square meters from among L purchase shares (9,00 square meters) 1,00 square meters (9,918 square meters).
D. On June 21, 2009, the Plaintiff, L, J, and Deceased drafted a written agreement regarding D forest land before the split-off as follows:
Real estate in the agreement: Parties to D (59,503 square meters): L (A), the Plaintiff (B), J (A), and the Deceased (J), shall agree on the above real estate as follows:
1. A’s shares in purchase are 9,00 square meters per half of the above real estate. (29,751 square meters) A’s shares in purchase are 4,50 square meters per half of the above real estate.
(14,876 square meters) Byung’s purchase shares are 1,500 square meters per half of the above real estate. (4,959 square meters) The purchase shares are 3,00 square meters per half of the above real estate.
9.