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1. The Defendant shall pay H 110,000,000 won with the rate of 15% per annum from January 10, 2017 to the date of full payment.
Reasons
1. Facts of recognition;
A. The plaintiffs' preserved claims and debtor's insolvency 1) plaintiffs and non-party H as children of the network I, Jins Association (hereinafter "the plaintiff") is the clan of this case.
2) On May 24, 2005, the board of directors of the instant clan made a resolution to sell the real estate located in Chungcheongnam-nam, which is owned by the clan (hereinafter “instant real estate”) and distribute the price to its members to its members, and paid a sum of KRW 165 million out of the purchase price (hereinafter “instant shares”) between the Plaintiffs and H, and to H, the representative.
3) On April 2, 2006, H purchased real estate listed in the separate sheet in the Defendant’s name, which is part of KRW 110,00,00,00 of the remainder remaining after paying taxes, etc. among the instant shares, around April 2, 2006. 4) A did not distribute the Plaintiffs’ share out of the instant shares to H. A. The Plaintiffs filed a civil lawsuit (Seoul District Court Decision 2013Da3518, Daejeon High Court Decision 2014Na1285, Daejeon High Court; Supreme Court Decision 2015Da68812, hereinafter “relevant case”) against H. The judgment of the second instance related to the instant case did not have the effect of a clan resolution on the ground of procedural defect, and thereafter, the instant clan decided to transfer the shares to the Plaintiffs, and notified the Plaintiffs of the transfer of the claim under the agreement between the Plaintiffs and H on January 26, 2015.
5) The Plaintiffs filed a lawsuit against H to the effect that “H shall pay to each of the Plaintiffs 19,921,028 won and 15% interest per annum from December 11, 2015 to the date of full payment,” and received a judgment in favor of the declaration of provisional execution (Seoul District Court Decision 2015Da227083 Decided December 8, 2016). H did not own any property under its name. 6)
B. The defendant acquired real estate stated in the attached list 1, the defendant HH.