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(영문) 광주지방법원 2020.09.08 2019가단532736

공유물분할 등

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The counterclaim of this case is dismissed.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall:

(a) Attached List 1 to 3.

Reasons

1. Facts recognized;

A. C around 207, from D and his spouse E, each of the real estate listed in the separate sheet (However, each of the land listed in paragraphs (2) and (3) of the same list is divided into two parcels of land on October 16, 2009; each land listed in paragraphs (8) and (9) is divided into two parcels of land on October 16, 2009; on October 16, 2009, each of the land listed in paragraphs (2) and (9) was divided into two parcels of land; on October 16, 2009, the land was divided into two parcels of land; on October 16, 2009, the land was divided into two parcels of land, which was divided into two parcels of land at the time before the division into two parcels of land; and around that time, D paid KRW 10 million as the down payment.

B. However, as C was unable to prepare the remainder of purchase funds, C decided to purchase each real estate listed in the separate sheet (hereinafter “instant real estate”) with the Plaintiff, the birthee, and each real estate listed in the separate sheet (hereinafter “instant real estate”), and the Plaintiff transferred KRW 20 million as part of the purchase price to D on December 31, 2008.

C. After that, the sales contract for the instant real estate was concluded on January 9, 2009 with the D couple as the seller, the Defendant, and the Plaintiff as the buyer. The sales contract for the instant real estate was concluded on January 9, 2009 with regard to each of the real estate listed in paragraphs (1) through (3) of D, with regard to each of the real estate indicated in paragraphs (4) through (6) with D, the buyer as the seller, the seller as the Defendant, the buyer, and the sales price as KRW 38,158,00 for each of the real estate listed in paragraphs (4) through (6) with regard to each of the real estate owned by D, the seller as the Defendant, the buyer, the Defendant, the sales price as KRW 49,750,00 for each of the real estate, and the Plaintiff paid KRW 65,500,000,000 for each of the total sales price.

On the other hand, the plaintiff and the defendant stated in paragraphs 1 through 3 among the real estate of this case as of January 9, 2009, which was the date of conclusion of each sales contract for the real estate of this case as seen earlier, respectively, in the name of the plaintiff, and paragraphs 4 through 9.