A. C (the deceased on October 2, 2018, hereinafter “the deceased”), who is the father of the original Defendant, purchased D & 796 square meters in its name around November 8, 1971, and completed the registration of ownership transfer on his/her own name on November 10, 1971. The registration of ownership transfer was completed on the said land by constructing a wooden house and a soil brick stone shed on the said land, and completed the registration of ownership transfer under its name on November 8, 1982.

B. On April 18, 2014, the Deceased donated each of the instant land to E, the Defendant’s son, and completed the registration of ownership transfer on April 21, 2014. < Amended by Presidential Decree No. 20148, Apr. 21, 2014; Presidential Decree No. 20358, Apr. 21, 2014>

C. Around June 22, 2015, the land indicated in the separate sheet (hereinafter “instant land”) was divided into 159 square meters in the land located in Cheongbuk-gun, Cheongbuk-gun, Cheongbuk-gun, Cheongbuk-do, and became remaining.

(In addition, the building on the ground of this case is destroyed and is currently in the state of the site).

On October 2018, the Plaintiff demanded the Defendant to request one of the house (F real estate) or back (the instant land) when demanding the Defendant to distribute the donated property of the Deceased, and the Defendant suggested that the Plaintiff and Dong Jae H wish to transfer F real estate or the instant land, but that the Plaintiff would demand KRW 20,000 when choosing F real estate.

E. On November 2018, the Plaintiff argued that the Defendant would be aware of the fact that the Plaintiff would have received F Real Estate by phone calls to the Defendant, and that the transfer price and the house repair cost and taxes would be borne by H, and that the Defendant would have known.

F. On April 1, 2020, the market price of the instant land is 52,234,000 won.

[Ground of Recognition] Facts without dispute, entry of Gap evidence Nos. 1-8 and 11 (including additional numbers), the result of the market appraisal commission of appraiser I by this court, the purport of the whole pleadings

2. Determination

(a) Where a right which has become the object of a sale belongs to another person, the seller shall acquire such right and transfer it to the buyer;