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1. The Defendant: (a) KRW 44,216,512 to the Plaintiff; and (b) KRW 5% per annum from June 20, 201 to October 18, 2013 to the Plaintiff.
Reasons
1. Basic facts
A. On February 3, 2010, the Plaintiff and the Defendant jointly owned shares of 2288/18304 shares of C forest land 28,959 square meters (hereinafter “the instant real estate”) in Yangju-si, together with other co-owners’ D, E, E,F, G, H, I, H, J, K, L, M, N,O, P (hereinafter “the Plaintiffs of the instant prior suit”), filed a lawsuit for partition of the jointly-owned property against Q Q and R, who are other co-owners, with the District Court 2006Kadan45121, which declared that the said court shall sell the instant real property at auction and distribute the amount calculated by deducting the auction expenses at the ratio of co-owners’ share (hereinafter “the instant judgment”).
B. The Defendant was selected as the designated party to the judgment of the previous suit of this case and filed a request for auction on the instant real estate, and the said real estate was sold at 357,00,000 won by auction (hereinafter referred to as the “instant auction”) with the District Government District Court, and the said court around June 9, 201, prepared a distribution schedule stating that the dividends to co-owners who were appointed as the Defendant among the remaining 353,732,090 won after deducting the execution expenses from the proceeds of sale (hereinafter referred to as “the dividends of this case”) shall be distributed to the Defendant who is the appointed party to whom the Defendant was appointed, and deposited the said dividends with the deposited party as the Defendant. Of the dividends of this case, the amount of dividends paid to the Plaintiff and the Defendant was KRW 44,216,512, respectively.
C. The Defendant delegated T with the authority to receive dividends in the instant auction case, and T received KRW 287,480,542 of the deposit money by claiming the withdrawal of deposit around November 30, 201.
[Ground of recognition] Facts without dispute, Gap 1 through 3 evidence, Eul 5 and 8 evidence, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion that the Defendant did not pay KRW 44,216,512, equivalent to the Plaintiff’s share out of the instant dividends, and thus, the Defendant should pay the said amount and damages for delay.
B. The Defendant’s previous judgment on the instant lawsuit is the Plaintiff’s real estate.