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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
2...
Reasons
1. Basic facts
A. On May 29, 2008, the Plaintiff and C purchased 1/2 of the instant building through a compulsory auction procedure and completed the registration of ownership transfer on June 2, 2008. The Plaintiff and C around May 16, 2008, prior to the payment of the sale price determined in the said auction procedure, determined 101 of the instant building as KRW 50 million from May 30, 2008 to May 29, 2009, and leased KRW 50 million from F around that time.
However, as C did not return the above deposit even after the lease term expired, on January 13, 2012, F was issued with the order of lease registration by the Seoul Central District Court 201Kao8746, and completed the registration of the relevant housing lease on January 30, 2012. On October 12, 2011, C shared a building listed in the separate sheet (hereinafter “instant building”) (each of the two shares was owned) (one-half shares), and on October 12, 201, entered into a co-owned property partition contract with the content of co-owned property partition (specific co-owned property partition contract) with the Plaintiff, 101, 102, 202, 2302, and 2302, 101, 101, 201, 201, and 2301, respectively, on the right side.
B. On April 26, 2012, the Defendant purchased shares (i.e., one-half shares of the instant building) owned by C through voluntary auction procedure at the Seoul Central District Court DD, and completed the registration of ownership transfer on June 14, 2012.
C. Accordingly, on December 21, 2012, the Plaintiff filed an application for conciliation of partition of co-owned property with the Seoul Central District Court 2012 money65276 against the Defendant, and on May 15, 2013, voluntary conciliation was established with the following content (hereinafter “instant conciliation”).
1. The plaintiff and the defendant are to own the building of this case as the sole owner of the plaintiff. Accordingly, the price that the defendant acquired shall be 159,598,000 won.
2. By June 30, 2013, the Plaintiff received the registration of ownership transfer under paragraph (3) from the Defendant and simultaneously received the registration under paragraph (1).