공유물분할
1. The plaintiff's claim that the court changed in exchange is dismissed.
2. Between the Plaintiff and the Defendant.
1. Basic facts
A. C and the Defendant’s monetary transaction 1) C and the Defendant have resided in the same apartment before about 30 years, and the Plaintiff is his father and wife, and the Plaintiff requested C to lend money to the Defendant by providing that “A dispute has arisen in connection with each real estate listed in the separate sheet of real estate owned by R” (hereinafter “each of the real estate listed in the separate sheet of real estate,” and in case of individual real estate, “real estate listed in the order No. 1 or No. 10” according to the separate sheet of the attached sheet). The Defendant lent C the amount of KRW 250 million on February 17, 2006 and March 26, 2007 to C.
B. C and R purchase contract and land transaction permission 1) On April 25, 2006 between R and R, and C purchased all R shares in each of the instant real estate located within the land transaction permission zone, with a total of KRW 750 million. However, C entered into a sale contract with a contract to pay the down payment of KRW 200 million and the intermediate payment of KRW 350 million on the date of the contract, and the remainder of KRW 200 million on May 4, 2006.2) C borrowed KRW 250 million from the Defendant to deposit the remainder of R with the Suwon District Court 200 million on March 26, 2007, and filed a lawsuit against R to seek implementation of the land transaction permission procedure under the said sale contract as the price675.
3 C was rendered a favorable judgment in the above lawsuit that “R has been rendered to C with respect to the portion of each of the instant real property, “R shall comply with the procedure for filing an application for land transaction permission, which was based on the above sales contract.” Accordingly, R appealed was appealed by Seoul High Court 2008Na4294, but the appellate court rendered a judgment dismissing the appeal around October 2008. The above judgment became final and conclusive around that time.
C. C filed a complaint against the Defendant under Seoul Central District Court Decision 2007No2541, and accordingly, on December 17, 2007 and the Defendant.