1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Summary of the plaintiff's assertion

A. On June 9, 2012, the Plaintiff’s father C and the Defendant entered into a contract to sell E Apartment Nos. 112 Dong Nos. 1604, 330 million won in Pyeongtaek-si D, which is the Plaintiff’s father.

B. On July 6, 2012, the Defendant paid KRW 150 million, which is a part of the above purchase price, as a passbook F, as the wife C’s head, and completed the registration of ownership transfer on July 6, 2012, under Article 20385, without paying the remainder of KRW 180 million.

C. C died on August 9, 2012.

The heir of the network C is the wife F, G, and the Plaintiff.

Therefore, the plaintiff's inheritance shares are 2/9. D.

The Defendant, as the heir of the deceased C, is obligated to pay the Plaintiff KRW 40 million (=180 million x 2/9), which is equivalent to the Plaintiff’s inheritance share, out of the real estate purchase price of this case, 180 million, unpaid by the Defendant, to the Plaintiff as the heir of the deceased C, and the delay damages therefrom.

2. Facts of recognition;

A. On June 9, 2012, a sales contract was formulated between the Plaintiff’s father Hem C (hereinafter “the deceased”) and the Defendant to sell KRW 330 million, E Apartment Nos. 112, 112, and 1604 (hereinafter “instant real estate”).

B. On July 6, 2012, on the instant real estate, the reason for registration was as follows: (a) on June 9, 2012, the sale and transaction amount was KRW 330 million; and (b) the ownership transfer registration was made in the Defendant’s future.

C. On July 11, 2012, the Defendant remitted KRW 150 million to a passbook in the name of F, the wife of the Deceased.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

3. Judgment on the plaintiff's claim

A. In light of the empirical rule, if a sales contract has been concluded for any real estate and an ownership transfer registration has been made in the buyer’s name for the subject matter of sale, it is reasonable to view that the buyer’s obligation to pay the purchase price had already been fulfilled,

Despite such circumstances, there is also such a situation.