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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. On January 31, 1987, the Plaintiff purchased Guro-gu Seoul Metropolitan Government 735 square meters (hereinafter “instant real estate”) and completed the registration of ownership transfer on February 4, 1987.
B. As to the instant real estate, the registration of transfer of ownership was completed in the name of the Fridge (formerly named E that was changed; hereinafter “Fridge”) accompanying the Plaintiff on September 28, 1992.
C. As to the instant real estate, on January 23, 2002, the provisional registration of the right to claim transfer of ownership (hereinafter “the instant provisional registration”) was completed on January 22, 2002 in the name of C (hereinafter “C”) co-defendants of the first instance trial as the Defendant’s children, who were co-defendants of the first instance trial (hereinafter “C”).
C filed a complaint with the Seoul District Court 2002No. 236 against the FIC Association.
The summary of the cause of the application was that “C determined on January 22, 2002 on the date of the completion of the reservation and entered into a trade promise to purchase the real estate of this case from the FIIE with the FIE on January 30, 2003, and paid FIE KRW 420,000,000 as a deposit money, thereby seeking a settlement with the FIE.”
Accordingly, on March 11, 2002, the FIC and FIC agreed that “The FIC shall receive KRW 322,350,000 from C to January 30, 2003, and at the same time, with respect to the instant real estate, the ownership transfer registration procedure based on the instant provisional registration shall be conducted on January 30, 2003, and the instant real estate shall be handed over.” The said protocol of protocol (hereinafter “instant protocol of protocol”) was drafted.
E. As to the instant real estate, on August 8, 2016, the registration of ownership transfer was completed in the name C according to the protocol of protocol of conciliation in the instant case.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 17 evidence 1, 2, Eul evidence 1, 2, 8 evidence, and the purport of the whole pleadings
2. The Plaintiff, when selling the instant real estate to the Defendant, sells only the price for the share between the Defendant and the 1/2 of the shares.