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1. The part against Defendant A, which exceeds the following part of the judgment of the court of first instance, shall be revoked.
Reasons
1. Basic facts
A. On March 26, 2014, the Plaintiff’s claim against C, etc. against the Defendant for the reimbursement amount of KRW 253,179,9370, the Cheongju District Court 2013Da159370, the Plaintiff’s claim against C, etc. was rendered judgment that “C, etc. jointly and severally with the Plaintiff, and KRW 250,154,04,04, 15% per annum from September 6, 2010 to November 30, 2012, 12% per annum from December 1, 2012 to February 11, 2014, and 20% per annum from the next day to the date of full payment,” the said judgment became final and conclusive as is on May 22, 2014.
(hereinafter referred to as “instant claim”) a claim based on the said final judgment.
C’s inheritance and disposition 1) On October 8, 2014, as one of the successors of E who died on October 8, 2014, C, after consultation on the division of inherited property on October 12, 2016, as to each land listed in attached Table 3, Cheongju District Court No. 23868 or 23870 as of December 2, 2016, Cheongju District Court completed the registration of transfer of ownership by agreement division as shown in attached Table 1, C sold each land to each purchaser, and each purchaser deposited KRW 213,268,000 in the Defendant’s account from December 8, 2016 to February 1, 2017.
3 On February 14, 2017, C donated 355/1,467 shares among the lands listed in attached Table 2 List No. 1, 306/401 shares among the lands listed in attached Table No. 2 List No. 2, and 101/315 shares among the lands listed in Table No. 3 of the same List No. 2, and completed the registration of ownership transfer on the ground of donation No. 4068 of receipt on February 24, 2017. On February 14, 2017, C donated 3/5 shares among the lands listed in Table No. 4 of the same List No. 2, 3/10 shares among the lands listed in Table No. 2 List No. 5, and completed the registration of ownership transfer on each of the above lands as the receipt of donations on February 24, 2017.
C. Defendants C and the Defendants are the spouses of C, and Defendant B is the children of C.