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1. The Defendant shall pay 1/2 of each of the 4,046§³ to the Plaintiff (Appointed Party) and the Appointed-gun E, Chungcheongnam-gun, Chungcheongnam-do.
Reasons
1. Facts of recognition;
A. The Defendant owned 4,679 square meters prior to the division (hereinafter “E land prior to the division”) in Chungcheongnam-gun, Chungcheongnam-gun E.
B. On March 15, 1993, the Plaintiff (Appointed Party) and the Appointed Party D purchased 1/2 shares of each of the E land before subdivision from the Defendant in the purchase price of KRW 15,500,000.
C. The Plaintiff (Appointed) and the Appointed paid the Defendant a total of KRW 15,500,000,000 as the purchase price, KRW 15,50,000 on March 15, 1993, KRW 6,000 on April 8, 1993, and KRW 15,50,000 on April 15, 1993.
However, the transfer of ownership according to the above sales contract has not been completed until now.
On June 11, 2013, in E’s land before subdivision, 633 square meters (hereinafter “F land”) was divided from E’s land before subdivision, and the said E’s land is “E” after subdivision of 4,046 square meters and less than 4,046 square meters before Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.
E. E. On June 30, 2014, a consultation on the acquisition of public land was concluded between the Defendant and Yangyang-gun regarding F’s land on June 30, 2014. On July 2, 2014, Yangyang-gun completed the registration of ownership transfer on F’s land for the acquisition of F’s land through consultation. At that time, the Defendant received KRW 18,673,50 of compensation for the acquisition of the above public land by consultation. The Defendant received KRW 18,673,50 around that time. [Grounds for recognition] Evidence A through 7 (including each number, and hereinafter referred to as “appraisal G et al.”).
result of the appraisal, the purport of the whole pleading
2. Determination on the cause of the claim
A. According to the facts of the judgment on the claim for transfer registration of ownership, the defendant is obligated to implement the registration procedure for transfer registration of ownership on March 15, 1993 with respect to one-half share of land E after partitioning to the plaintiff (appointed party) and the appointed party D.
B. The claim for payment of the money to the seller on the subject claim for payment on the ground that the land was expropriated for sale and purchase, and the compensation was received, due to the land expropriation, which caused the impossibility of the performance of the obligation to transfer the ownership of the above land.