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1. Defendant B shall pay to the Plaintiff KRW 101,514,730 and the interest rate of KRW 15% per annum from December 2, 2015 to the date of full payment.
Reasons
1. Facts without dispute;
A. Defendant B is the fourth person of the Plaintiff, and Defendant C is the father of Defendant B.
B. On October 31, 2006, the registration of ownership transfer was completed on the ground of the sale on October 4, 2006 (the sale price of KRW 130,000,000) with respect to the third floor of the third apartment house on the D ground in Seoul Special Metropolitan City, Nowon-gu (hereinafter “instant building”).
After September 2, 2015, the registration of transfer of ownership was completed on the ground of sale on August 15, 2015 (the sale price of KRW 250,000,000).
2. As to the claim against the defendant B
A. The plaintiff, the plaintiff, the defendant Eul and the defendant Eul (the plaintiff's third person or the plaintiff's husband) jointly purchased the building of this case located in the redevelopment area and divided investment profits. The plaintiff's 62,00,000 won and the defendant Eul and F invested each 30,000,000 won (investment shares: the plaintiff 1/2, the defendant Eul and the defendant F) in the building of this case (the plaintiff 1/2, the defendant Eul and the plaintiff 1/4) in the name of the registration in convenience trust in the defendant Eul. Since the defendant Eul acquired the F's shares, the investment shares in the plaintiff Eul and the defendant Eul became 1/2. However, since the business partnership was completed by selling the building of this case at will without the plaintiff's consent, the defendant Eul did not have an obligation to pay the plaintiff 101,514,70 won [the plaintiff 250,000 won and the purchase price of this case] - the purchase price of this case to the plaintiff at the time of settlement or voluntary disposal.
B. In light of the following circumstances, whether to enter into a 1 business partnership agreement, Gap evidence Nos. 1 to 9 and Eul evidence Nos. 4 and witness F’s testimony, the plaintiff bears one-half of the purchase fund of the building of this case and invested in the building of this case.