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1. The Defendant: (a) KRW 225,00,000 for the Plaintiff and KRW 20% per annum from July 21, 2015 to September 30, 2015; and (b) the Plaintiff.
Reasons
1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1 to 6, Eul evidence Nos. 1 to 3, and 6:
On April 3, 2008, Nonparty D, the owner of the Gangseo-gu Seoul Metropolitan Government C and its ground building (hereinafter “instant real estate”), died on April 3, 2008, and Nonparty D, the owner of the instant real estate, completed the registration of co-ownership transfer on April 30, 2008 by Nonparty E, the son and female of D, received a legacy and completed the registration of co-ownership transfer on April 30, 208. The remainder of 1/2 shares were inherited by Nonparty F (E’s mother), the son and G, the son and 1/4 shares, respectively.
Since then, on January 9, 2009, the Defendant purchased 1/4 shares owned by F from F on January 9, 2009, and completed the registration of co-ownership transfer on January 20, 2009. The Plaintiff purchased 1/4 shares in G from G on February 17, 2009, and completed the registration of co-ownership transfer on March 9, 2009.
B. The instant real estate is divided into a golf practice range and a gas station. The Plaintiff, Defendant, and E leased the gas station part to Hyundai Lao Bank, etc., and distributed it according to their respective ratios of shares. However, the golf practice range part was leased out of the golf practice range, including clothes, while the Plaintiff and the Defendant jointly occupied it from March 9, 2009, and the remainder was seen as follows, and the ownership of the instant real estate was transferred to a third party by August 11, 2014.
C. On October 5, 2012, E filed a lawsuit against the Plaintiff and the Defendant for partition of co-owned property as to the instant real estate under Seoul Southern District Court Decision 2012Gahap18572, and there was a compromise between the Plaintiff and the Defendant in that lawsuit to sell the instant real estate at auction on April 9, 2013 and to distribute the remaining amount after deducting auction expenses from the proceeds thereof to their respective shares of shares (E 1/2, the Plaintiff and the Defendant 1/4).
E The real estate in this case is the Seoul Southern District Court H on April 29, 2013.