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1. The Defendant’s KRW 11,238,89 as well as the Plaintiff’s annual rate of 5% from July 1, 2017 to August 29, 2017.
Reasons
1. Basic facts
A. On June 3, 1991, the Plaintiff, as the mother of the Defendant, set the lease deposit amount of KRW 4,00,000,000, and from June 25, 1991 to June 24, 1996, the Plaintiff agreed to newly construct and use the building on the instant land and deliver the instant land to C upon the expiration of the lease term.
B. On December 191, 191, the Plaintiff completed the prefabricated-type 149.54 square meters of a prefabricated-type store on the instant land (hereinafter “instant building”) and completed the registration of preservation of ownership in the Plaintiff’s name on July 7, 1993.
C. After the expiration of the lease term under the lease agreement, C filed a lawsuit against C, who did not remove the instant building and deliver the instant land, and filed a lawsuit against the Plaintiff, the Gwangju District Court rendered a judgment on September 5, 1997 that “C shall remove the instant building to the Plaintiff and deliver the instant land” (hereinafter “the instant judgment”). The instant judgment became final and conclusive around that time.
Even after the judgment of this case, the Plaintiff removed the instant building to C and did not deliver the instant land. Among them, on January 19, 2015, the Plaintiff donated the instant building to E, who is his/her father, and on January 21, 2015, the registration of ownership transfer was completed in the name of E on the ground of donation on January 19, 2015. As to the instant building, the Plaintiff and C sold the instant land and building to F on October 19, 2015, and on October 26, 2015, the registration of ownership transfer was completed in the name of F on the grounds of sale on October 19, 2015.
E. Meanwhile, after the judgment of this case, G, a ASEAN, leased the store of the building of this case to H and I.