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1. Of the judgment of the first instance court, KRW 23,596,710 against the Plaintiff and its related thereto from November 19, 2013 to May 10, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. The E, the Plaintiff, and the Defendant are children between the deceased C (Death on September 19, 2013) and the deceased D (Death on January 2, 2010). The Plaintiff is a female student of the Defendant.
B. The Dongdong-gu Seoul Metropolitan Government (hereinafter “F land”), G large 80.4 square meters (hereinafter “G land”), G large 80.4 square meters (hereinafter “G land”), G, and H ground buildings (hereinafter “instant building”), respectively, owned H large 77.4 square meters (hereinafter “H land”).
C. On February 7, 2013, the network C entered into a sales contract with I to sell shares 21/42 of F’s land and G land and the instant building (hereinafter collectively referred to as “object 1”) at KRW 720,000,000 of the purchase price (hereinafter referred to as “first sales contract”), and completed the registration of ownership transfer in the name of I on May 23, 2013.
Around February 2, 2013, the deceased’s heir, E, the deceased’s husband, the Plaintiff, and the Defendant drafted a written agreement on the division of inherited property (hereinafter “instant agreement on division of inherited property”) with the purport that the Defendant solely succeeds to the H land owned by the network (hereinafter “instant agreement on division of inherited property”). Thereafter, the Defendant completed the registration of ownership transfer on H land on February 25, 2013 under the name of the Defendant on January 2, 2010.
E. On March 12, 2013, the Defendant entered into a sales contract with I to sell H land at KRW 450 million with I (hereinafter “second sales contract”) and completed the registration of ownership transfer in the name of I on May 23, 2013.
F. At that time, I paid part of the purchase price under the first sale contract and the second sale price under the second sale contract to the account in the name of the network C, and some of the Defendant paid to the account in the name of the Defendant by means of remittance or account transfer. At that time, the net C (L) was the age of 90 years, and over South and North Korea had been residing in a foreign country, and thus, the Defendant, a South and North Korea, is related to the first sale contract and the second sale contract.