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1. The defendant has caused the plaintiff to restore the real estate stated in the attached list to the original state.
Reasons
1. Facts of recognition;
A. The Plaintiff participated in the voluntary auction procedure with respect to the 1st floor D apartment in Ansan-gu, Ansan-gu (hereinafter “instant previous apartment”) that was owned by the Defendant.
B. The previous apartment in the instant case was located within the rearrangement zone of the F District Housing Redevelopment Project, which was promoted by the Korea National Housing Corporation in Ansan-gu, Jeonyang-si. However, at the time of the Plaintiff’s full payment of the successful bid price, the Plaintiff was awarded a successful bid for 273/5 of the shares of the land in the previous apartment in the instant case, and paid a full payment of the bid price on December 19, 2014.
C. The Plaintiff, after the Korea Land and Housing Corporation and the new apartment after the improvement project (hereinafter “instant apartment”), prepared a sales contract and paid all the sales price and liquidation money.
After the completion of the construction of the apartment of this case, the apartment of this case was registered as co-owners with the shares of 1/2 of the plaintiff and the defendant.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 10, Eul evidence 1 to 6, the purport of the whole pleadings
2. Determination
A. The plaintiff asserted that the part of the previous apartment in this case is owned by the defendant, and the share of the site was owned by the plaintiff, and the apartment in this case was destroyed due to the redevelopment project in this case. Thus, the apartment in this case should be registered with co-ownership according to the ratio of the value converted from the part of the previous apartment in this case and the building. Since the ratio of the value of the land and the building is 6:4, the plaintiff's co-ownership share of 1/2 of the defendant's co-ownership shares should be transferred to the plaintiff.
The defendant asserts that the apartment of this case is owned by the plaintiff and the defendant, and that the co-owner's share is presumed to be equal.
B. Determination A.