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1. The defendant shall receive KRW 55,000,000 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.
Reasons
1. Basic facts
A. The plaintiff is the birth of the deceased C (hereinafter referred to as the "the deceased"), and the defendant is the birth of the deceased and the mother and the defendant are the birth of the deceased.
B. On February 8, 199, the registration of ownership transfer was completed under the name of the deceased as to the real estate listed in the separate sheet (hereinafter “the instant real estate”). On November 7, 2006, the deceased prepared a sales contract with the Plaintiff and the apartment of this case with the purchase price of KRW 70 million (hereinafter “the instant sales contract”) on the following grounds: “The terms and conditions for the seller’s deposit as a full-time rental fee, KRW 55 million, KRW 5 million, and KRW 55 million from the remainder of the lease contract” (hereinafter “the instant lease contract”) and thereafter, the registration of ownership transfer in the Plaintiff’s name (hereinafter “the ownership transfer registration in this case”) was completed on November 13, 2006 by the Seoul Northern District Court’s registration office of the Seoul Northern District on the ground of the said sale.
C. On September 9, 2015, the Deceased died on or around 03:30, and the Defendant is the only heir of the Deceased.
On April 1, 2016, the Defendant deposited KRW 22,051,540 as the principal and interest for KRW 15 million borrowed by the Deceased, as Seoul Northern District Court Decision 2016No. 1659, the Defendant deposited the deposited person as the Plaintiff, and as the principal and interest for KRW 15 million borrowed by the Deceased.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, 12, Eul evidence 8 (including additional number), the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff’s assertion 1 of the parties asserted that the Plaintiff purchased the instant real estate from the deceased, and concluded the instant lease agreement with the deceased at KRW 55 million on November 7, 2006, with the lease deposit as of November 7, 2006, and had the lease term implicitly renewed on November 2007. The Plaintiff agreed on the said lease agreement with the Defendant, the only inheritor of the deceased, around December 2015. As such, the Defendant agreed on the said lease agreement.