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1. The Defendant shall pay KRW 22,652,70 to the Plaintiff the annual rate of KRW 15% from June 24, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendant are owners of 1/2 shares of 1/2 of 2,813 square meters, each of whom is 2,813 square meters in Gyeongnam-gun.
B. On July 19, 2007, the Defendant filed a lawsuit against the Plaintiff on the claim for partition of co-owned property on the said Category D 2,183 square meters from the Changwon District Court (2007Gadan3423) and on November 9, 2007, the Defendant was determined to recommend a settlement of the part of the ship connecting each point of 1,406 square meters in the attached Form No. 2,3,4,5,5, and 2 among the above Category D 2,183 square meters from the same court on November 9, 2007 (hereinafter “decision to recommend settlement of this case”). The decision to recommend settlement of this case became final and conclusive around that time.
C. On January 8, 2008, the Defendant divided the above D 2,813 square meters into D 1,407 square meters (the part indicated in the attached drawing in the decision of recommending reconciliation) and E 1,406 square meters (the part indicated in the attached drawing in the decision of recommending reconciliation), and completed the registration as to E 1,406 square meters into the sole ownership of the Defendant.
On December 24, 2013, where the above-mentioned D 1,407 square meters still were registered as joint ownership by the plaintiff and the defendant, the defendant completed the registration of ownership transfer on the ground of sale to F.
E. The market price at the time of December 24, 2013 is 22,652,700 won out of the above D 1,407 square meters.
【Ground of recognition】 The fact that there has been no dispute, each entry of Gap Nos. 1 and 2 (including additional numbers), the result of the market price appraisal commission to appraiser G, the purport of the whole pleadings
2. According to the above facts of recognition, the Defendant is obligated to complete the registration of ownership transfer with respect to one-half of the above D 1,407 square meters and one-half of the above D 1,407 square meters, and thus, the Defendant prescribed the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 24, 2016 to the date of complete payment, which is equivalent to the market price of 1/2 of the above D 1,407 square meters among the above D 1,407 square meters at the time of impossibility of performance.