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1. The Defendant shall pay the Plaintiff KRW 200,000,000 and the interest rate of KRW 15% per annum from November 17, 2017 to the date of full payment.
Reasons
1. Basic facts
A. On July 18, 2007, the Plaintiff completed the marriage report with C, who is his/her father and wife, and maintained the marriage relationship. On July 4, 2017, the conciliation was concluded with the Daejeon Family Court 2016ddan51619 (main office) and the Plaintiff and C in the Daejeon Family Court 2017ddan53247 (Counterclaim).
B. Meanwhile, on October 25, 2007, the Plaintiff and the Defendant completed the registration of ownership preservation as co-owners holding each of their 1/2 shares in multi-family houses of the fourth floor of the D-ground reinforced concrete structure in Daejeon-gu, Daejeon (hereinafter “instant building”).
C. On June 14, 2013, the Defendant entered into a sales contract with the Korea Land and Housing Corporation under which the Defendant sells the instant building to the Korea Land and Housing Corporation for KRW 400 million, and the same year.
6. On August 18, 197, Daejeon District Court received the registration of transfer of ownership with the Korea Land and Housing Corporation No. 34960, which received KRW 400 million from the Korea Land and Housing Corporation.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the defendant, holding 1/2 shares in the building of this case, acquired 400 million won in total from the Korea Land and Housing Corporation, the purchaser of the building of this case. The part of KRW 200 million in total, which is equivalent to 1/200, out of the above purchase price acquired by the defendant, should be reverted to the plaintiff who owns the remainder of 1/2 shares in the building of this case, and there is no legal ground for
Therefore, barring special circumstances, the defendant is obligated to pay to the plaintiff KRW 200,000,000, which is equivalent to the plaintiff's share of KRW 400,000,00,
2. Judgment on the defendant's assertion
A. On May 25, 2007, the gist of the Defendant’s assertion, etc., 1 Plaintiff D, the land of the instant building, which is the land of the building before marriage with C.