Text
1. The Defendant’s notary public against the Plaintiff, No. 286, Sept. 17, 2013, 2013, drawn up by Law Firm Catti. 2013.
Reasons
1. Facts of recognition;
A. On April 1, 200, the Plaintiff’s father He completed the registration of ownership transfer with respect to D apartment Nos. 702, 901 (Road Name Address: Nowon-gu, Seoul Special Metropolitan City E; hereinafter “instant apartment”).
C Deceased on November 4, 2010, G, the Plaintiff’s mother’s creditor, on his behalf of the heir on December 30, 2010, completed inheritance registration in the name of H, Plaintiff, and I as to 3/9 shares of the instant apartment in the name of F, each of 2/9 shares, on behalf of the heir of C on December 30, 2010.
B. On February 16, 2011, the Seoul Northern District CourtJ rendered a decision of compulsory commencement of auction on the F’s share of the instant apartment, and on June 20, 2013, the registration of ownership transfer was completed in the name of the Defendant with respect to the share 9/30 of the instant real estate in the name of the Defendant, and with respect to the share 1/30 of the instant real estate in the name of the Defendant, respectively,
C. On July 2013, the Plaintiff decided to purchase shares of Defendant and K (hereinafter referred to as “Defendant, etc.”) with respect to the instant apartment from the Defendant for KRW 170,00,000. However, the Plaintiff acquired shares of H, I, etc. among the instant apartment, and paid the purchase price with the money loaned as security.
The Defendant received documents necessary for the registration of transfer of ownership with respect to H’s shares among the instant apartment units from Ha, a double-due, and delivered them to the Plaintiff. On September 17, 2013, the Defendant lent KRW 5 million to the Plaintiff the registration cost.
On September 17, 2013, the Plaintiff completed a share transfer registration for H and I shares out of the instant real estate on the ground of donation.
E. On September 17, 2013, the Plaintiff prepared a letter of payment stating that “In relation to the gift and the purchase of shares of the instant real estate, the Plaintiff, regardless of the purchase price, agreed to pay 30 million won to the seller to the Defendant by September 17, 2014.”
In addition, the plaintiff and the defendant on the same day are "the defendant on September 17, 2013" as the deed No. 286 on September 17, 2013.