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1. The defendant shall share 2/7 shares in relation to the plaintiff A with respect to the share of 3/7, among the share of 4,089 square meters in Sinju-si E, and share of 2/7.
Reasons
1. Basic facts
A. F was the owner of land prior to the subdivision on July 25, 2007, which was designated as a land transaction contract permission area under Article 117 of the former National Land Planning and Utilization Act (amended by Act No. 13797, Jan. 19, 2016) in accordance with G public announcement of the Ministry of Construction and Transportation on February 17, 2003, and died on May 22, 2005.
B. Around February 21, 2006, H, a child of the network F, entered into a sales contract with I for selling “E” in the name of the networkF (hereinafter “the first sales contract in this case”). The special terms and conditions of the said sales contract include the following: “When there is an increase or decrease in the net numbers after the survey, the sale price may be changed depending on the net numbers. A building shall be removed at the time of the buyer’s request for removal. In arranging a seller’s inheritance-related documents, the remainder payment may be advanced.”
C. H completed the registration of ownership transfer on April 12, 2006 on the land prior to the instant subdivision due to inheritance by consultation and division on May 22, 2005.
On May 16, 2006, I did not perform the procedure for the registration of ownership transfer under the above sales contract with H, and entered into a mortgage contract with H on the land prior to the division.
H on May 24, 2006, the registration of the establishment of a neighboring mortgage was cancelled on the land prior to the division of the instant case. The I completed the registration of the establishment of a neighboring mortgage, which was the maximum debt amount of the land prior to the division of the instant case, based on the aforementioned mortgage contract. D.
Around May 14, 2007, H entered into a sales contract with K, a spouse of J, the Defendant’s wife, for the land of this case, KRW 180,00,000 with respect to the purchase price for the land prior to the division, and for sale to K on July 5, 2007, with each of the dates on which the payment of the purchase price is completed, and Article 8 of the said sales contract.