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1. The part against the defendant in the judgment of the first instance shall be modified as follows:
The defendant is not less than 340 square meters in Ulsan-gu, Ulsan-gu.
Reasons
1. Basic facts
A. With respect to the Ulsan-gu, Ulsan-gu, Seoul-gu (hereinafter “instant real estate”), a sales contract entered as of November 22, 2006 as the buyer, the seller, the seller, the sales price of KRW 115,000,000, and the sales contract entered as of November 22, 2006.
The above sales contract is written as follows: KRW 10 million on the date of the contract; KRW 90 million on the date of the contract; KRW 15 million on November 27, 2006; and KRW 15 million on the remainder on December 21, 2006.
B. On November 20, 2006, the Plaintiff paid KRW 10 million for the sales contract of the instant real estate, and KRW 40 million for the intermediate payment on November 28, 2006, and the Defendant paid KRW 40 million for the intermediate payment to C. The Defendant paid KRW 10 million for the intermediate payment on November 27, 2006 and KRW 10 million on November 28, 2006.
C. On December 21, 2006, the Plaintiff paid KRW 5 million to a real estate broker who has mediated the sale and purchase of the instant real estate as the brokerage commission, etc. of the instant real estate and KRW 20 million as the sales and purchase balance. C was paid KRW 15 million out of the said money by the broker as the sales and purchase balance of the instant real estate.
The Defendant paid 1,380,000 won of acquisition tax on the instant real estate, respectively, and the Defendant paid 1,036,440 won as property tax on the instant real estate from 2007 to 2013.
E. On December 21, 2006, the Ulsan District Court's mid-gu Branch Office of the Republic of Korea completed the registration of transfer of ownership in the name of the defendant (hereinafter "registration of transfer of ownership in this case") on the ground of sale on November 22, 2006, which was received on December 21, 2006.
[Ground of recognition] Facts without dispute, Gap 1 through 4, 6, 8 evidence, Eul 1 through 3 evidence (including branch numbers) and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff and the Defendant jointly agreed to purchase the instant real estate owned by C, and completed the registration of ownership transfer in the name of the Defendant with respect to the instant real estate.