1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Determination as to the cause of claim

A. 1) On May 18, 2016, the Plaintiff is the deceased F (hereinafter “the deceased”).

between C and a representative, the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) owned by the deceased.

) A sales contract that purchases 53,000,000 won (hereinafter “instant sales contract”) for the intermediate payment of KRW 50,000 on May 19, 2016, and KRW 353,000,000 for the remainder payment of KRW 50,000 on May 30, 2016 (hereinafter “instant sales contract”).

(2) On May 20, 2016, the Deceased paid 150,000,000 the down payment on the same day to the Deceased, respectively. (2) On May 20, 2016, the Deceased died on May 20, 2016, before the remainder payment date. (3) The Deceased inherited the Deceased’s children, B, C, D, and the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11 (including provisional number; hereinafter the same shall apply) and purport of whole pleadings

B. According to the above facts of recognition, barring any special circumstance, the Defendant, the deceased’s heir, is obligated to implement the registration procedure for transfer of ownership for 1/4 shares out of the instant real estate on May 18, 2016, at the same time receiving 88,250,000 won (=353,000,000 x 1/4) equivalent to the Defendant’s share in inheritance (1/4) out of the remainder of 353,00,000 from the Plaintiff pursuant to the instant sales contract, pursuant to the instant sales contract.

2. Judgment on the defendant's assertion

A. The Defendant’s assertion 1) The Deceased had no capacity to perform as a result of the aggravation of the earth’s disease at the time of concluding the instant sales contract, and thus, the instant sales contract is null and void. (2) The Plaintiff did not pay part payments of the instant sales contract.

B. Determination 1) According to the written evidence Nos. 1 and 2 (including household numbers) Nos. 1 and 2, the deceased was hospitalized in a hospital due to the aggravation of a branch’s disease from May 2016. However, on May 1, 2016, the deceased was hospitalized in a hospital due to the aggravation of a branch’s disease, and even on May 1, 2016, the deceased was able to receive taxes with the knowledge of a community, with low time, due to the decline of a branch’s remaining ability, and even see the letter represented in the corridor, and on May 2, 2016.