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1. The Defendant’s KRW 82,276,00 for the Plaintiff and KRW 5% per annum from April 6, 2017 to May 23, 2018.
Reasons
1. Facts of recognition;
A. Between C and D, who died on October 21, 1985 and died on November 25, 2016, there is a plaintiff in the defendant, South-North E, and Ga, who is a son.
B. On May 11, 1988, the registration of ownership transfer was completed on October 21, 1985 with respect to the land of 304 square meters (hereinafter “land before subdivision”) before Jeju-si, Jeju-si, which was owned by C, due to the inheritance by agreement division.
C. In Jeju-si, Jeju-si, a neighboring land prior to the division (hereinafter “instant site”) and the 39.59 square meters of a single house with the asbestos slate structure on the ground (hereinafter “instant housing”) were acquired under H’s name and completed the registration of ownership transfer for the instant building under H’s name on January 18, 1979, and completed the registration of ownership transfer for the instant building under H’s name on February 2, 1979.
In addition, in H, the registration of ownership transfer was completed on May 7, 1998 with respect to the instant site on April 2, 1998 by reason of the sale on April 2, 1998, and the registration of ownership transfer was completed on February 23, 2017 with respect to the instant housing on April 17, 2017.
E. On April 5, 2017, the Defendant completed the registration of ownership transfer on the ground of donation on March 31, 2017, with respect to the land of 268 square meters, which was divided from the Jeju-si, Jeju-si, which was divided into the land before subdivision (hereinafter “the preceding case”). At that time, the market price of the preceding case was KRW 82,276,000.
[Ground of recognition] The absence of dispute, Gap's 1, 2, 3, 10 evidence, Eul's 1 and 2 evidence (including paper numbers; hereinafter the same shall apply), the result of the commission of appraisal to the chief of the Jeju Regional Headquarters Co., Ltd., the purport of the whole pleadings
2. The assertion and judgment
A. On April 2, 1998, the plaintiff asserted by the parties, purchased all the land of this case and the land before division from the defendant on April 2, 1998, and completed the registration of ownership transfer in the plaintiff's future with respect to the land of this case and the housing of this case, but the defendant completed the registration of ownership transfer before the case.