1. The defendant is based on sale and purchase on May 25, 2006 with respect to the portion of 1/5 of the real estate stated in the attached list to the plaintiff.

Basic Facts

On May 10, 1965, the deceased C (hereinafter referred to as the “the deceased”) purchased D large 651 square meters (hereinafter referred to as the “instant land”) and completed the registration of ownership transfer concerning the instant land on April 28, 1979. On May 11, 1998, the deceased C newly built the real estate listed in the attached list (hereinafter referred to as the “instant building”) on the instant land.

On May 16, 2006, the Deceased donated the instant land to the Plaintiff, who was son on May 16, 2006, and on May 17, 2006, the registration of transfer of ownership based on the said donation was completed in the future of the Plaintiff on the instant land.

On November 21, 2016, the deceased died, and at the time, there was the defendant, the plaintiff, the E, the F, and G as his heir.

On August 24, 2017, the registration of initial ownership was completed on August 24, 2017 by the Plaintiff, Defendant, E, F, and G as co-owner of shares of 1/5.

E, F, and G completed the registration of ownership transfer on August 24, 2017 with respect to each of 1/5 shares of the instant building on the ground of donation on August 22, 2017. At present, the registration of ownership transfer was completed on August 22, 2017 for 4/5 shares of the instant building.

【In the absence of dispute, the Plaintiff purchased the instant building from the Deceased at the time of donation of the instant land. As such, one of the co-inheritors of the deceased, the Defendant, among the co-inheritors of the instant building, shall implement the procedure for ownership transfer registration for the share of 1/5 of the inherited portion among the instant building, to the Plaintiff.

The transfer of money claimed by the Plaintiff to the Deceased as the purchase price of the instant building is after the donation of the instant land, and its amount is too low based on the current market price. Therefore, the Plaintiff cannot be deemed to have purchased the instant building from the Deceased.

Judgment

Each entry of Gap evidence 1 through 7 shall include the whole purport of the pleadings.