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1. Revocation of the first instance judgment.
2. The Plaintiff, Defendant D’s 6,820,169 won, Defendant E, G, and H respectively.
Reasons
1. Basic facts
A. On January 29, 2002, the registration of ownership transfer in the name B (hereinafter “instant ownership transfer registration”) was made with respect to the real estate listed in the separate sheet (hereinafter “the instant loan”) owned by the Plaintiff.
B. On November 22, 2005, the Plaintiff and B agreed to sell the instant loan and divide the sales price after the settlement (hereinafter “instant agreement”).
B promises to sell and purchase the Loan of this case under the agreement with the former owner.
However, the amount paid by B at the time of sale shall be recovered from the security deposit for lease on a deposit basis (22,00,000 won), and the capital gains tax generated from sale shall be paid by the Plaintiff at the same time by the Plaintiff, and the remainder after deducting the capital gains tax on security deposit for lease on a deposit basis from the Plaintiff shall be divided equally by the Plaintiff and B
The expenses of directors shall be borne by B, and the sale and purchase of housing shall be made to each of two persons, and the period shall not exceed five months.
C. Meanwhile, at the time of completing the registration of ownership transfer of this case, B paid KRW 22,00,000 to the Plaintiff, and thereafter, B deposited KRW 17,578,983 in the house installment related to the instant loan to the National Bank.
B A On December 23, 2015, during the instant lawsuit pending, the deceased on December 23, 2015 (hereinafter “the deceased”), and Defendant E and G (the deceased’s children, died on May 21, 2016, and the deceased’s heir G (the deceased’s heir) succeeded to the deceased.).
E. The market value as of June 1, 2015 of the instant loan is KRW 80,500,000.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the result of a request for market price appraisal by the first instance court, the purport of the whole pleadings
2. The parties' assertion
A. Plaintiff 1) The registration of transfer of ownership of this case was completed by means of a transfer for security to preserve the lease deposit amount of KRW 22 million against the Plaintiff of the deceased. (2) In accordance with an agreement at the time of the lease contract, the lease contract on the loan of this case was concluded around February 2004.