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1. The Plaintiff:
A. Defendant B indicated in the attached Form No. 1,2, 11, 12, 7, 7, 8, 9, 10, 100 square meters among the 1,013 square meters of the D miscellaneous land in Seongbuk-gun, Chungcheongnam-do.
Reasons
1. Basic facts
A. The Plaintiff and the Defendants completed the registration of share transfer based on the division of inherited property with respect to each of the following real estate owned by G (hereinafter “each of the instant real estate”) after G, the Plaintiff and the father of the Defendants died on or around March 2003.
① On June 2, 2005, the registration of transfer of 1/2 shares in the Plaintiff and Defendant C, respectively, was completed on June 2, 2005 with respect to 1,013 square meters (hereinafter “D land”).
After that, on July 20, 2005, the registration of sole ownership transfer was completed in the defendant B.
② On June 2, 2005, the Plaintiff and Defendant C, respectively, have completed the registration of transfer of 1/2 shares in relation to the forest E, 255 square meters (hereinafter “E”) and 768 square meters for F farm land (hereinafter “F land”).
B. On May 3, 2015, the Plaintiff and the Defendants concluded a sales contract for each of the instant real estate as follows.
(hereinafter “instant purchase and sale”). (1) Defendant C sells land E and F to the Plaintiff at KRW 150,000 per square meter.
② Defendant B sells to the Plaintiff KRW 20,000,00 per square meter a part of 340 square meters inboard (hereinafter “340 square meters in D land”) connected each point of the attached Form 1, 2, 11, 12, 7, 8, 9, 10, and 1, among D land.
C. On May 3, 2015, the Plaintiff paid KRW 15 million to Defendant C, and KRW 10 million to Defendant B on May 5, 2015.
그 후 원고는 2015. 6. 19. 피고 C에게 잔금 8,175,000원{=(154.5평 ≒(E 토지 255㎡ F 토지 768㎡)/2/3.3057 × 15만 원) - 1,500만 원}을, 피고 B에게 10,600,000원{=(103평 ≒D 토지 중 340㎡/3.3057 × 20만 원) - 1,000만 원}을 각 지급하였다.
E. However, Defendant B returned the instant purchase price of KRW 20,600,000 on August 6, 2015, and Defendant C returned KRW 23 million out of the instant purchase price on August 7, 2015, respectively.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 to 12, respectively.