1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. In around 1983, the Plaintiff and C newly built 201 square meters of 201, 59.85 square meters of 2nd floor of D-based reinforced concrete slab bars, Gwangju Northern-gu, Gwangju (hereinafter “instant housing”), and completed registration of ownership preservation as to each of 1/2 shares.

B. 1 E purchased the instant house from the Plaintiff and C on July 18, 1983, with the price of KRW 14 million; the down payment of KRW 4 million on the same day; the first intermediate payment of KRW 8 million on the same day; and the second intermediate payment of KRW 1.2 million on the same month; and the second intermediate payment of KRW 1.2 million on the same year.

8. The remainder of eight million won agreed to provide a house of this case to a housing bank as security and pay the loan, at the same time as the registration of ownership transfer has been made.

(2) According to the instant sales contract, E received the instant house under the condition that 6,00,000 won was paid to the Plaintiff and C as the down payment and the intermediate payment. 3) Meanwhile, E received the said share in the compulsory auction procedure for the share of C (1/2) among the instant housing, and paid all the said amount on May 19, 1989.

(Registration of Ownership Transfer is completed on May 26, 2005). (C)

1) Around January 20, 2009, the Defendant purchased shares of the above 1/2 from E to KRW 29 million (the remaining KRW 25 million shall be paid directly as the down payment, and the remainder shall be replaced by the acceptance of the obligation to return the lease deposit) and completed the registration of transfer of ownership on February 2, 2009. Around January 14, 2015, the Defendant sold the above shares to F and completed the registration of transfer of ownership on February 9, 2015. (2) E sold the above shares to the Defendant, and the Plaintiff’s shares shall be resolved with the Defendant’s responsibility, but if legal problems arise, the Defendant shall cooperate with the Defendant.

3) The Defendant occupied and used the instant house from January 20, 2009 to January 14, 2015 by leasing the instant house to G, etc. [Grounds for recognition]: (a) the fact that there is no dispute; (b) the evidence Nos. 1, 2, 6, 8, 9,10 (each entry, including the serial number, and the purport of the whole pleadings.

2. The Defendant’s assertion is at the time from January 209 to January 14, 2015.