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1. The judgment of the first instance court, including any claims modified or added in the trial, shall be modified as follows:
The plaintiff.
Reasons
1. Basic facts
A. C completed the registration of ownership transfer on February 11, 1996 with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”) on January 22, 1998.
B. The Plaintiff, the mother of C, completed the move-in report of the instant apartment around February 9, 1998, and thereafter is residing in the instant apartment from that time to that time.
C. Meanwhile, C died on December 21, 2014 (hereinafter “the deceased”), and the Defendant, who is the wife of the deceased, completed the registration of ownership transfer on the instant apartment on May 26, 2015 due to inheritance by consultation and division on December 21, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 and 8, the purport of the whole pleadings
2. The plaintiff's assertion
A. On February 11, 1996, the Deceased purchased the apartment of this case in the purchase price of KRW 95 million. Among them, KRW 45 million was provided with loans and KRW 10 million was prepared and executed at the request of the Deceased.
However, when the deceased was unable to reside in the apartment of this case because he was going to study abroad, the deceased agreed on December 5, 1997 that "on the deposit for the lease of the apartment of this case, if he paid the loan of this case with the deposit for the lease of the apartment of this case, he shall make the registration of ownership transfer for 1/2 of the apartment of this case (hereinafter "the agreement dated December 5, 1997")," and that "on the end of February 198, Geumcheon-gu Seoul Metropolitan Government D Apartment 1402 Dong 105 et al. (hereinafter "transfer residential place")."
As the deposit for the lease of the apartment of this case, 45 million won of the loan of this case was subrogated, and 5 million won of the total of the expenses for the registration of ownership transfer, property tax, etc. was paid.
Therefore, the Defendant, as the inheritor of the deceased, acquired the instant apartment due to an inheritance by consultation and division, is obligated to implement the registration procedure for ownership transfer of 1/2 of the instant apartment in accordance with the agreement on December 5, 1997 to the Plaintiff.
(b) preliminary claims;