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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
Reasons
1. The facts of recognition (a summary of the case) is the case where the defendant claims to return half of the price of the apartment sold by the plaintiff to the defendant, because he sold the apartment acquired under the joint name of the original defendant who is married between the husband and the wife, and the defendant purchased another apartment under his own name against his will, his own child, against the plaintiff's will.
The plaintiff and the defendant are legally married couple who completed the marriage report on November 29, 1983, have children I and K under their chain, and are still in the state of marriage.
B. On January 29, 2010, the Plaintiff and the Defendant purchased a house of KRW 201,00,000 (hereinafter “instant house”) of KRW 180,000,000,000 from Seongdong-gu Seoul (hereinafter “instant house”). In order to raise the purchase fund, the Plaintiff purchased a house of KRW 201,00,000 from the Pension Service of Private School Staff on February 17, 2010, KRW 80,000 from the Defendant borrowed KRW 70,00,000 from the Pension Service of Private School Staff on February 17, 2010, and completed the registration of ownership transfer with the Defendant’s joint name (each of KRW 1/2 shares) around March 5, 2010.
C. Since then, the Plaintiff and the Defendant, as the owner of the instant housing, become a member of the redevelopment and rearrangement project association, and purchased the F apartment 102 Dong 1604 (hereinafter “F apartment”) in the unit price of KRW 538 million in the unit price to be constructed by the implementation of the redevelopment project. The Defendant received moving expenses from our bank, and returned the lease deposit to the lessee of the instant housing, and paid the down payment and the intermediate payment out of the said unit price.
After that, on May 17, 2015, the Plaintiff and the Defendant sold the F apartment sale right to G and H for KRW 728 million. The Plaintiff and the Defendant succeeded to the Defendant’s obligations of loans to the Bank and the National Bank, and was actually paid only KRW 215,158,505.
Since then, G and H are under the name of the defendant.