공유물분할
1. The Defendants shall receive KRW 14,000,000 from the Plaintiff, respectively, and at the same time, each of the Plaintiff shall be 201 square meters in Kimcheon-si D.
1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, and 3, unless there is a dispute between the parties or in full view of the purport of the whole pleadings:
The registration of ownership transfer was completed on July 1, 2012 on the ground of the donation from July 4, 2012 with respect to 201 square meters in Kimcheon-si, Kimcheon-si (hereinafter “instant land”). However, on the ground of the return of legal reserve of inheritance as of October 26, 2012, the registration of ownership transfer was completed in the name of the Defendants and E with respect to 1/10 of each of the instant land on July 19, 2013, and the Plaintiff (7/10) and the Defendants (1/10 of each of the instant land) and E (1/10 of each of the instant land were jointly owned.
B. On March 24, 2018, the Plaintiff entered into a contract with F to sell the sales price of the instant land at KRW 140,000,000 (hereinafter “instant sales contract”) and received KRW 14,000,000 for the down payment. As a special stipulation in the instant sales contract, the Plaintiff stated that “the instant sales contract shall be held by the seller (the Plaintiff) as a principal contract and three representative contracts under the remaining joint names, and shall be held liable by the seller (the Plaintiff).”
C. At the time of the instant sales contract, KRW 126,00,000, the sales balance was paid as of April 4, 2018, and the Plaintiff delivered documents necessary for the registration of ownership transfer and agreed to cooperate with the registration procedure. Upon the Plaintiff’s failure to file for the registration of transfer at the payment date of the remainder, the Plaintiff entered in the said sales contract as follows: (a) the Plaintiff’s additional seal on the part of the sales contract stating that “The remainder of this contract was earlier than April 4, 2018, but the seller’s request for the remainder payment was delayed by April 30, 200. In the event of failure to comply with the foregoing content, the Plaintiff affixed a down payment and penalty of KRW 28,00
(Agreement indicated on the above Additional Statements (hereinafter referred to as “instant Agreement”). D.
However, the Plaintiff did not comply with F.