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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
A. On December 9, 2013, as to the real estate listed in the Schedule No. 1 List.
Reasons
1. The facts below the basic facts common to the principal lawsuit and the counterclaim are either not disputed between the parties, or acknowledged in Gap 1 to 5, 8, and Eul 1 (including serial numbers) by taking into account the overall purport of the pleadings.
A. The Plaintiff owns the share of 63.63/496.1 on each of the instant site with respect to the Seocho-gu Seoul Metropolitan Government Do 227 square meters and E large 269.1 square meters (hereinafter collectively referred to as “instant site”). The Plaintiff is a person who owns the share of 1/9 with respect to 103 square meters on each of the instant site (hereinafter “instant building”).
B. The Defendant (Counterclaim Plaintiff, hereinafter “Defendant”) owned 8/9 shares in relation to No. 103 of the instant building.
C. The reasons why the Plaintiff and the Defendant acquired each of the above co-ownership shares are as follows.
1) 8 non-party G, H, I, J, K, L, M, N, etc. concluded a construction contract with non-party O (i.e., the instant building) on or around June 195 in order to construct apartment houses on the instant site, as well as four households, such as Nos. 103, 203, 303, and 403 among the instant building, and 84.84/496.1 (hereinafter “the instant housing site shares”) in proportion to the total area of the instant four-household building among the instant housing site, which is proportional to the total area of the instant four-household building (hereinafter “the instant housing site shares”).
Around November 1995, the transfer registration of ownership in the name of O was concluded with respect to the shares in the instant building site (as to the remaining shares in the instant building site, the transfer registration of ownership in the names of eight persons on the same day was completed on the same day).
(2) Around May 195, Nonparty P (the Plaintiff’s mother) entered into a sales contract with O that purchased Nos. 103, 303, and 403 of the instant building, and paid KRW 240 million toO for the sales price.
3O shall be the construction cost between the eight above-mentioned persons, etc. on February 196, when the construction of the instant building was being carried out.