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1. The Defendant’s KRW 26,090,724 as well as the Plaintiff’s annual rate of 5% from November 14, 2018 to May 22, 2020.
Reasons
1. Basic facts
A. On February 6, 2018, the Plaintiff, with the Defendant’s mother, was tried to commence adult guardianship (the Seoul Family Court Decision 2017 Ma5631), and the social welfare foundation B was appointed as the Plaintiff’s adult guardian.
B. On December 19, 197, the Plaintiff, who was the husband, donated 1/5 of the first, 2, 3, and 4 stories in Jongno-gu Seoul Metropolitan Government F G Gho (hereinafter “instant building”) from the deceased E, the husband, and completed the registration of transfer of the said shares on December 20, 1997. On July 6, 2017, the registration of transfer of the said shares owned by the Plaintiff was completed on July 6, 2017.
C. The defendant purchased 1/5 shares of the building of this case from P on December 2, 1989 and completed the registration of transfer on December 21, 1989. On December 19, 197, he/she donated 1/5 shares of the building of this case from RE on December 20, 1997, and completed the registration of transfer on December 23, 1997. He/she received 1/5 shares of the building of this case from P on December 24, 1997 and completed the registration of transfer on December 24, 1997, and received 1/5 shares of the building of this case from R E on February 11, 2017 and completed the registration of transfer on June 2, 2017.
From around B, 2015, the Defendant received rent from lessees while managing the instant building. On September 4, 2015, the amount of KRW 8,350,574, which is the balance of the deposit account after the last opening of the network E, and the value-added tax is 359,906,917, which is the sum of the rent revenue of the instant building from September 5, 2015 to July 5, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, Q. court's order to submit financial transaction information to Eul and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion has received rent from the lessee of the instant building while managing the instant building. The Defendant sought the return of the amount equivalent to the Plaintiff’s share out of the rent that the Defendant received from September 4, 2015 to July 5, 2017.
The defendant.