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1. The Defendant entered into an agreement on payment in kind as of August 17, 2018 with respect to the land of 1,054 square meters in the Sung-gun, Seongbuk-gun, Seongbuk-do.
Reasons
1. Facts of recognition;
A. The Plaintiff and D knew with each other, and were living together from around 2007.
B. On July 17, 2012, D entered into a contract on the purchase price of KRW 1150 million with a F. F. 6,596 square meters (hereinafter “the instant land”) and a land of KRW 1054 square meters (hereinafter “instant land”) in Seongbuk-gun, Seongbuk-gun, Seongbuk-gun, Seongbuk-gun (hereinafter “instant land”). The sales contract entered the purchase price in KRW 150,000,000,000.
C. In response to D’s request, the Plaintiff paid the full purchase price to E as follows, and D completed the registration of ownership transfer with respect to the instant land No. 1 and the instant land on August 23, 2012.
① Transfer of KRW 10,00,000 from the Plaintiff’s account to E from July 17, 2012 to the Plaintiff’s account; ② Account transfer of KRW 70,000 in an intermediate payment of KRW 70,00 on August 9, 2012: (i) the remainder of KRW 35 million on August 20, 2012 (one copy of the check of KRW 25 million); and (ii) the Plaintiff directly delivers the remainder of KRW 35 million on August 20, 2012 to E.
D. D, on February 25, 2014, sold the instant land to the Korea Rural Community Corporation in KRW 125,300,000, the sales price for the instant land and KRW 125,300,000, and paid back the unpaid debt with the purchase price.
E. On August 17, 2018, D proposed that the Plaintiff be given payment in kind with the instant land in order to repay the money borrowed from the Plaintiff with the above purchase price, and upon consent of the Plaintiff, the Plaintiff entered into an agreement on payment in kind with respect to the instant land between the Plaintiff and the Defendant.
F. D had all the documents necessary for the registration of ownership transfer with respect to the instant land on the same day to implement the foregoing payment arrangement, and delegated H with the registration of ownership transfer with respect to the instant land under the name of the Plaintiff.
G. However, as between H’s delay in managing the above delegated affairs, D died on August 26, 2018.
The heir of the network D shall be wife I, .