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Reasons
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(영문) 서울고등법원 2016.12.09 2016나6011
매매대금
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1. The part against the defendant in the judgment of the first instance shall be revoked;

The plaintiff's claim corresponding to the above cancellation part.

Reasons

1. Facts of recognition;

A. The plaintiff and the defendant are siblings, and the deceased C is the mother of the plaintiff and the defendant, and the deceased D is the father of the plaintiff and the defendant.

B. After the deceased on January 20, 2007, the registration of transfer of ownership in the name of the plaintiff and the defendant was completed with respect to the 2,194m2,194m2, G forest E, H forest, 30m2, 197m2, JJ orchard, 56m2, 323m2 (hereinafter “L real estate”) in the name of the plaintiff and the defendant with respect to the Cheongbuk-do, Cheongbuk-do, which was the property of the network D (hereinafter “E real estate”), and the Cheongbuk-do, Cheongbuk-do, Cheongbuk-do, which was the property of the network D.

C. On behalf of the Plaintiff and the Defendant, on March 4, 2008, the deceased sold E real estate at KRW 200 million in the purchase price, and sold L real estate at KRW 480 million in the purchase price to Q on June 4, 2014, and received the full purchase price.

The net C died on October 4, 2015.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 5, 7, 8, Eul 1, 2, and 6 (including each number), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. After selling the instant real estate jointly owned by the Plaintiff and the Defendant according to the Plaintiff’s delegation, the Plaintiff’s assertion C received KRW 850 million (E real estate KRW 350 million, L real estate KRW 50 million), whichever was paid to the Plaintiff only KRW 44,067,72 million, whichever is the Plaintiff’s share, and thus, the Plaintiff should pay KRW 380,932,280,00, which remains after deducting KRW 44,500,067,720, which is the Plaintiff’s share, out of the purchase price of the instant real estate.

However, since the defendant succeeded to 1/2 of the net C's property, it is obligated to pay KRW 190,466,140 to the plaintiff.

B. As seen earlier, the fact that the judgment net C sells the instant real estate in the name of the principal and the Defendant on behalf of the principal and the Defendant and received the total purchase price.

However, it is recognized by adding the whole purport of the pleadings to each description of evidence Nos. 9, 10, 10 and 11.

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