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1. The Defendant: (a) KRW 676,250, respectively, to Plaintiffs B, C, D, and E, and 5% per annum from November 14, 2014 to December 30, 2015.
Reasons
1. On March 12, 2009, Plaintiff A purchased real estate listed in Appendix 1 List 30,000 from G from March 12, 2009, and completed the registration of ownership transfer under Plaintiff A’s name on the 19th of the same month.
Plaintiff
A around October 2010, around the real estate listed in Appendix 1 List No. 1, due consideration was given to the Defendant by constructing a new house, which is a real estate listed in Appendix 1 List No. 2, and due to a loan from the network H, the registration of ownership transfer in the name of the network H was completed.
The real estate listed in the attached Table 1 List 3 is a house in which the plaintiff A and the deceased H reside, and is recognized by the Seosan City and completed the registration of transfer of ownership in the name of the deceased H on August 11, 2008.
Plaintiff
Although A and the network H did not have reason to donate the above real estate to the Defendant, the Defendant transferred the ownership registration of each of the instant real estate under the Defendant’s sole name on February 29, 2012 based on the gift agreement dated February 24, 2012, based on the recognition that the Plaintiff and the network H manage the seal imprint and the resident registration certificate without the consent of Plaintiff A and the network H.
This should be cancelled because it is a registration of invalidity of cause.
Even if donation is recognized, real estate registered in the name of the deceased H should be returned as a legal reserve of inheritance corresponding to 1/2 of the plaintiffs' statutory inheritance.
The deceased H is a member of the I clan (hereinafter "the clan"), and the clan distributed the proceeds of selling the land of the clan around June 2008 to its members.
On June 5, 2008, a clan deposited 14,745,000 won into the Defendant’s post office account. On the same day, the clan deposited 14,745,000 won into the Defendant’s post office account.
A clan shall pay 5 million won per person and 1.3 million won per person to its members. Since the defendant received and used all the above money, the defendant must pay 6.3 million won and damages for delay to the plaintiff B, C, D, and E respectively.
2. Determination
A. As to the claim for cancellation of ownership transfer registration, etc., the judgment is made.