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1. The defendant shall pay to the plaintiff D 72,11,739 won, 50,971,746 won, and 56,407,826 won and each of the above money to the plaintiff C.
Reasons
1. Facts which have no dispute over the basic facts [based for recognition], Gap evidence 2, 4 (including provisional number; hereinafter the same shall apply), Eul evidence 3 and 4, and the purport of the whole pleadings;
A. Plaintiff A is the spouse of the deceased E (hereinafter “the deceased”), and Plaintiff B and C are children between the deceased and the Plaintiff, and the Defendant is the deceased’s punishment.
B. The Deceased was the owner of the real estate listed in the Attached List No. 1 (hereinafter “instant land”) and the real estate share listed in the Attached List No. 2 (hereinafter “instant land share”). The Deceased died on or around July 12, 2003, and the Deceased inherited each of the instant land pursuant to the inheritance shares (Plaintiff A3/7, Plaintiff B, and C2/7).
Receipt of the relevant real estate (to be registered in Daejeon District Court), No. 34190, Jul. 19, 2013 of the instant land No. 1, which was received as of July 19, 2013, No. 34188, Jul. 3, 2013; No. 34190, Jul. 1, 2013, 2013
C. Since then, the registration of transfer of ownership in the name of the defendant was made with respect to each land of this case as listed below.
On July 19, 2013, the amount of the payment method of the temporary recipient of the capital gains tax and the local income tax paid 5,000,000,000 Plaintiff B on September 30, 2013, which was transferred to Plaintiff A’s account on August 16, 2013 on the acquisition of the secured debt against the land-mortgage 1 on the land-mortgage 35,072,608,608, the transfer to Plaintiff A’s account on August 16, 2003.
D. The Defendant paid to the Plaintiffs a total of 70,508,688 as the purchase price of each of the instant land as indicated below.
2. The gist of the parties’ assertion asserts that the Defendant sold the instant land No. 1 in KRW 100,000,000 to the Defendant each of KRW 150,000,000. On the other hand, the Defendant sought payment of the unpaid purchase price, by asserting that the instant land No. 2 was sold respectively.