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1. The Defendants are 43,245,768 won to the Plaintiff, respectively, and 5% per annum from September 23, 2020 to October 15, 2020.
Reasons
1. Basic facts
A. On September 8, 2003, the deceased C (hereinafter “the deceased”) prepared a loan certificate (see evidence A No. 1; hereinafter “the loan certificate of this case”) on KRW 190,000,000 (the interest rate, the maturity of the bank, after the sale and purchase of real estate) to the Plaintiff, and the Plaintiff loaned the deceased a total of KRW 190,000,000 from September 2003 to February 2004.
B. The deceased C died on July 3, 2014, and the Plaintiff, the Defendant (Appointed Party), the appointed party D (hereinafter “Defendants”), and E inherited the deceased’s respective shares of 1/4.
C. 1) On December 22, 2010, the Plaintiff received, instead of receiving, the money lent to the Deceased, the F, G, and H (hereinafter “instant real estate”).
(2) Of the judgment of the court of first instance, the Defendants, the heir of the deceased, filed a lawsuit claiming ownership transfer registration against the Defendants and E (Seoul District Court Branch Decision 2016Gahap50680), and the judgment was rendered in favor of the Plaintiff on February 16, 2017. However, the Defendants, other than E, appealed, and the appellate court revoked the part of the judgment of the court of first instance and rendered a judgment dismissing the Defendants’ claims against the Defendants, on the ground that the sales contract cannot be deemed to have been concluded between the Plaintiff and the Deceased on September 19, 2018. While the Plaintiff appealed, the lower court dismissed the Plaintiff’s claims against the Defendants on January 17, 2019.
The Deceased leased the “J” located in Daegu Seo-gu, Daegu, and received the rent of KRW 400,000 per month. After the Deceased’s death, the Plaintiff received the rent and returned the rent of KRW 14.9 million to the lessee on June 15, 2019, excluding the unpaid rent and the cost of removal.
E.1) Meanwhile, the Defendants paid KRW 17,321,110 as acquisition tax on the instant real estate on July 18, 2014, and the Plaintiff paid KRW 17,321,110 to the Defendants. (2) In the case where the amount of litigation cost was determined by the Seo-gu District Court Branch Decision 2020Kaba5136, the amount of litigation cost on August 17, 2020 to the Defendants.