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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3.Paragraph 1 of the text of the judgment of the court of first instance shall be subject.
Reasons
1. Facts of recognition;
A. On April 26, 1982, the Defendant owned 1/3 shares of H, D, and Suwon-si I, 3,979 square meters (hereinafter “the land before the instant subdivision”). On April 26, 1982, H transferred 36 shares of the land before the instant subdivision due to H’s inheritance. On June 7, 197, the Defendant transferred 36 shares of 36 shares of the land before the instant subdivision due to the inheritance by consultation division.
Accordingly, the Defendant owned 18/36 shares of the land before the instant partition (=3/36 shares of 1/36 shares).
B. On October 11, 2015, the Plaintiffs purchased the instant land from the Defendant for KRW 3.377 billion, and concluded a sales contract with the following content that: (a) KRW 150 million on the date of entering into the contract; (b) the intermediate payment of KRW 100 million on December 31, 2015; and (c) the remainder of KRW 3.124 million on August 31, 2016; and (d) the Plaintiffs may pay the intermediate payment and the remainder before the payment date:
(hereinafter “instant sales contract”). Location: The purchase price of the land before subdivision: KRW 337,400,000: 150,000 intermediate payment: KRW 100,000: KRW 100,000 shall be paid on December 31, 2015.
Any balance: 3,124,00,000 won shall be paid on August 31, 2016.
302 02 02 648528 seller's address: L, telephone, and name: buyer's address in Suwon-si: N, O, PPT resident registration number in Suwon-si: Q, telephone: R, name: 1 (B) et al. in Suwon-si.
C. The Defendant, Plaintiff A paid KRW 75 million on the date of the conclusion of the instant sales contract, KRW 5 million on October 15, 2015, KRW 750 million on October 15, 2015, Plaintiff B paid KRW 75 million on October 12, 2015, and KRW 50 million on October 15, 2015 as down payment and intermediate payment.
On January 17, 2019, the land before the instant partition appears to be a clerical error in the “2,342 square meters” in the attached Table No. 1 of the Real Estate List No. 1 Plaintiffs, as indicated in the attached Table No. 1 of the Real Estate List No. 1, Apr. 19, 2019, attached to the application for the change of claim and the cause of claim.
2.3 'not more than each real estate described in paragraphs 2 and 3.'