1. The Defendant received KRW 12,040,000 from the Plaintiff, and at the same time, received KRW 12,040,00 from the Plaintiff, and at the same time, 70.

1. The Plaintiff had a 232 square meters in Northern-gu, Northern-gu, and the Defendant’s mother D operated a restaurant in the name of E-cafeteria on the lower part of the attached drawing among the above land.

On June 22, 2006, the Plaintiff sold approximately KRW 20,00,00, which is the site of a restaurant among the above land, to the Defendant at KRW 1,300,000, and the sales contract stating that “When the Defendant parent-child discontinues his/her business, the first seller shall transfer the business to the Plaintiff (Provided, That if the market price is remarkably low, the agreement between both parties shall be transferred to the other person)” (hereinafter “instant sales contract”).

(2) On the same day, the Defendant is entitled to the share of approximately 70/232 of the above land (hereinafter “instant site”) equivalent to approximately 20 square meters.

A) On the other hand, D was hospitalized in G convalescent on September 20, 2016 after being diagnosed with brain light on or around November 2015, through the F Medical Center, and was hospitalized in G convalescent Hospital on September 20, 2016, in a situation where it is impossible for him/her to lead a daily life without any external help such as nursing due to brain flasing, etc. and there is no possibility of crying or completely treating him/her. From November 1, 2015, the market price of the instant site as of January 1, 2016 is 12,040,000 won. [The market price of the instant site is 12,00 won.]

2. Determination

A. (1) According to the above facts, the sales contract of this case sells 70/232 shares corresponding to the E-cafeteria site to the defendant, who is the son, for D operated the E-cafeteria on the ground of this case, and where the old D cannot operate its business later, the above shares shall be sold again at the market price to the plaintiff, but the above shares shall be sold again at the market price for the defendant's interest. However, there is an applicant for purchase at a price higher than the market price for the defendant's interest.