Text
1. The Defendant shall pay to the Plaintiff KRW 78,96,666 and the interest rate of KRW 20% per annum from October 6, 2014 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On February 15, 1997, the Plaintiff entered into a partnership agreement with the Non-Party C and Non-Party D, the Defendant’s partner of the Defendant, to build the 19 household, commercial building, and one household building of the farm household, with the purchase of at least 663 square meters of the land E in the So-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si, and to sell the completed building after the joint investment of all the expenses incurred during the execution and distribute the remaining profits excluding all the construction costs, etc. (hereinafter “instant partnership agreement”).
B. After the completion of construction under the instant business agreement, the Plaintiff and the partners completed the registration of ownership transfer and preservation in the name of the said three members around September 8, 1999, the said three members of the apartment house, and the land and the building in the Dong-si population E under the name of the said D, and the land and the building (hereinafter referred to as the “instant real estate”) in the name of the said C on September 2, 1998.
C. Since then, C died on September 13, 2012 as the Plaintiff and its partners failed to distribute profits due to their disagreements on the distribution of profits. According to the agreement on the division of inherited property among their inheritors, the Defendant inherited the instant real estate and the registration of ownership transfer was completed on March 22, 2013.
However, on November 28, 2013, the wife population attached the instant real estate on the grounds of delinquent local taxes on November 28, 2013, and thereafter, on May 30, 2014, it was sold to Nonparty G in KRW 24690,000.
E. On June 25, 2014, the Defendant received approximately KRW 23,699,000,000 from the proceeds from the sale of the instant real estate after deducting the local tax in arrears and the expenses for public sale.
F. Meanwhile, on August 3, 2001, C completed the registration of the establishment of a mortgage over KRW 130 million with respect to the instant real estate to Nonparty H, who was a partner of the instant real estate, following the death of the partner, but the Plaintiff was embezzlement, etc. around 2006.