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1. The defendant shall pay 180,000,000 won to the plaintiff within the scope of inheritance from the deceased C, and from April 9, 2009.
Reasons
1. Facts of recognition;
A. On April 9, 2009, the Plaintiff purchased at KRW 180,000,00 of the Songpa-gu Seoul apartment (hereinafter “instant apartment”) from the wife D who represented C, for KRW 317,1802,00 (hereinafter “instant apartment”) and paid the above amount as the contract date. On April 9, 2009, the Plaintiff completed the registration of ownership transfer with the Songdong District District Court’s Songdong District Court’s receipt No. 32313 on April 9, 2009.
B. As Seoul Eastern District Court Decision 2009Gadan5839, the National Federation of Fisheries Cooperatives filed a lawsuit against the Plaintiff for the revocation of fraudulent act and the cancellation of the registration of transfer of ownership in the name of the Plaintiff on the instant apartment, while the instant sales contract against the Plaintiff on the instant apartment was a fraudulent act, and the Plaintiff won in the first instance court, but the National Federation of Fisheries Cooperatives appealed in the first instance as Seoul Dong District Court 2010Na8121. The appellate court rendered a judgment against the Plaintiff to cancel the instant sales contract on the instant apartment and to cancel the registration of transfer of ownership in the name of the Plaintiff on the instant apartment. The Plaintiff appealed in the Supreme Court Decision 2011Da20829, but the judgment of the appellate court became final and conclusive, and the registration of transfer of ownership in the name of the Plaintiff on the instant apartment was revoked on September 21, 201 by the Seoul East Eastern District Court registry.
C. C divorced with wife D on December 28, 2010, and died on August 16, 2012, and the Defendant, his lineal descendant, succeeded to C. On September 13, 2012, the Defendant reported the qualified acceptance as the District Court 2012Ra1598 on September 13, 2012, and on November 8, 2012, the District Court accepted the Defendant’s report on the qualified acceptance as above.
Grounds for Recognition: Evidence A-1, 2, 3, Evidence A-2, 3, Evidence A-4-1, 2, 3, Evidence A-5, Evidence A-1, 2, 1, 2, and 3, and the overall purport of the pleadings
2. If so, the apartment contract of this case was revoked.