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1. Revocation of a judgment of the first instance;
2. As to the real estate stated in the separate sheet Nos. 3 and 4 to Defendant C, Defendant D shall do so.
Reasons
1. Facts of recognition;
A. The relationship between the parties 1) The Plaintiff, Defendant B, C, and Non-Party I, J (hereinafter “Defendant B, C, Non-Party I, and J”) are collectively “Defendant B, etc.”
(2) Defendant B and his spouse’s children are the children of E and H. 2. As to each real estate listed in [Attachment 1] No. 1 and 2 of the [Attachment 1] on June 22, 1977 (hereinafter “instant real estate”). Defendant C completed each registration of ownership transfer with respect to each of the real estate listed in [Attachment 3 and 4] in [Attachment 1] on the same day (hereinafter “instant Real Estate No. 2”); Defendant D, upon title trust with Defendant C, completed each registration of ownership transfer with respect to the instant real estate under a title trust with respect to the said real estate. Defendant D is a person who completed each registration of ownership transfer with the former District Court No. 56531, Nov. 17, 2000.
B. E’s death and division of inherited property 1) E died on February 15, 2007. On February 19, 2007, H, Plaintiff, Defendant B, etc. jointly inherited the property of the network E. (2) On February 19, 2007, the deceased co-inheritors of the network E divided into: “All head of Tong and cash that H owns in the name of the network E; manage the rent for the shop located in the Ysan-gu, Busan-gu; and the Plaintiff appears to mean each real estate listed in the attached list of the land located in the YU-dong and the land located in the YU-gu, Seoul-si, Seoul-si; and four co-inheritors, including Defendant B, own one-six shares of each of the above land and buildings.”
C. From September 22, 2013 after H’s death and the instant division consultation 1 to September 22, 2013, the Plaintiff, Defendant B, etc. paid KRW 140 million, respectively, to Defendant B, etc., and distributed one fifth of each of the remainder remaining after deducting expenses, such as capital gains tax, from the sales price for selling no less than 496m2 in Nam-si, Seoul Special Metropolitan City where the ownership transfer registration was completed in the Plaintiff’s future. Defendant B, etc. transferred the Plaintiff’s ownership of the F, G, and the instant land and the instant real estate Nos. 1 and 2 to the Plaintiff.