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1. Of the judgment of the court of first instance, the part against the Plaintiff (Counterclaim Defendant) regarding the counterclaim shall be revoked, and the Defendant (Counterclaim Plaintiff) shall be revoked.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On March 23, 2006, Defendant (Appointed) and Appointed G acquired 1/2 shares of each of the 63/436 shares among the land listed in the attached Table No. 1, 1/4 shares among the land listed in the attached Table No. 2, and 1/2 shares among the land listed in the attached Table No. 2, and 1/2 shares among the buildings listed in the attached Table No. 2, and completed the registration of ownership transfer on April 17, 2006.
B. From March 20, 2015 to September 14, 2015, Defendant (Appointed Party) received KRW 40,000,000, in total, from the account under the name of D and E, from among the real estate listed in the separate sheet (hereinafter “each real estate of this case”).
C. Of each of the instant real estate, a sales contract was prepared on September 14, 2015, stating the seller’s share of the Defendant (Appointed Party), the buyer, the Plaintiff A, the sales price of KRW 25,000,000, and the sales contract was formulated on September 14, 2015, stating the seller’s share of G, among each of the instant real estate, as to the seller’s share of the selected G, the seller’s G, the buyer, the Plaintiff B, the sales price of KRW 25,00,000, written on September 14, 20
Of the instant real estate, the registration of ownership transfer under the Plaintiff A’s name was completed as of September 14, 2015 with respect to the shares of the Defendant (Appointed Party) in relation to the shares of the Defendant (Appointed Party) among each of the instant real estate, as of September 14, 2015 and as of September 14, 2015, the registration of ownership transfer was completed in the Plaintiff’s name as of October 1, 2015 (No. 35127, Oct. 1, 2015).
(hereinafter referred to as “each registration of ownership transfer” in the name of the plaintiffs.
Plaintiff
A is the spouse of E, and the plaintiff B is the spouse of D.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 8, 11 (including additional numbers), the purport of the whole pleadings
2. Determination on the main claim
A. D, the husband of Plaintiff B’s assertion, is the principal and E’s agent.