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1. The Defendant’s KRW 515,767,186 as well as the Plaintiff’s annual rate of 5% from August 1, 2013 to January 29, 2015.
Reasons
1. Basic facts
A. The defendant is the husband of the plaintiff's father C.
B. On October 11, 1994, the Defendant’s father D completed the registration of transfer of ownership on the ground of sale on August 11, 1994 with respect to the 3-dong 205 of Gangnam-gu Seoul E apartment (hereinafter “the instant apartment before reconstruction”).
C. On February 26, 2001, C drafted to the Plaintiff a written agreement with the following contents (hereinafter “instant agreement”), and then affixed the Defendant’s seal impression on the side of the Defendant’s name of the said agreement.
B shall receive 7.5 million won from 2/26 A, 1/2 the market price of 3.2 million: -1/200 - 1/2500 - 1/253126-1026-1016 B (sealed)
D. On February 26, 2001, the Plaintiff paid KRW 60,000,000 in total, and KRW 15,000,000 in the account under the name of the Defendant, and KRW 75,00,000 in total.
E. From September 2006, the housing reconstruction project for the above apartment was implemented, and D was allocated F apartment 103 1301 dong 1301 (hereinafter “the apartment after the reconstruction of this case”) to the apartment before the reconstruction of this case, and completed registration of the preservation of ownership on the apartment after the reconstruction of this case.
F. Following D’s death on June 18, 2013, the Defendant completed the registration of ownership transfer on September 13, 2013 with respect to the apartment after the instant reconstruction on September 13, 2013 due to inheritance by consultation and division.
[Ground for Recognition: Facts without dispute, Gap evidence Nos. 3, 5, 7, 9, 22; hereinafter the same shall apply
(2) The court’s order to submit financial transaction information to a Korean bank (hereinafter “Korean bank”) and the purport of the entire pleadings
2. The parties' assertion
A. The plaintiff's assertion on February 26, 2001 invested KRW 75,00,000 equivalent to 1/20,000,000, which is calculated by subtracting the deposit amount from the market price of the apartment house before reconstruction of this case, which is substantially owned by the defendant, from the market price of KRW 320,00,000,00, which is substantially owned by the defendant, to the defendant, and the defendant sells it if the apartment house of this case is reconstructed.