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1. Revocation of the first instance judgment.
2. The Defendant shall pay to the Plaintiff KRW 17,131,536 as well as its full payment from April 4, 2017.
Reasons
1. Basic facts
A. The land is indicated with the lot number when indicating the land (hereinafter referred to as “land”) of 1 square meter in the Dobong-gu Seoul Metropolitan Government, 1 square meter in C, 560 square meter in D, and 743 square meter in E, and two apartment houses (hereinafter “instant apartment houses”) composed of 16 households on the ground are constructed on the ground. Among the instant apartment houses, the 1st unit among the instant apartment houses is located with seven households, and the 2 unit in the inside unit are located in C, D, and the 9 unit in the building register on the section for exclusive use in the inside unit are registered in the 1st unit of the building, the c, D, and the 2 unit in the 2nd unit of the building on the section for exclusive use in the inside unit of the building are registered in the e-mail number.
B. As to each land of this case, which is the site for which the registration of an aggregate building was not made with respect to the instant apartment house, it is registered as 16 co-ownership shares in the same way as the number of sections for exclusive use in the instant apartment house without registering the land which is the object of the right to the site, and it is acquired 1/16 shares
C. Accordingly, on November 29, 1983, the Plaintiff purchased 1/1, 2, and 2, from F among the instant row housing (1st floor 62.25 square meters, underground room 26.91 square meters, hereinafter “instant section for exclusive use”) from F, and completed the registration of ownership transfer concerning the instant section for exclusive use on November 30, 1983, and completed the registration of ownership transfer for 1/16 shares among each of the instant land.
On August 5, 2005, the Defendant concluded a sales contract with the Plaintiff, one’s mother, to purchase the instant section of exclusive ownership (hereinafter “instant sales contract”) of KRW 80 million (the contract amounting to KRW 8 million, the remainder of KRW 72 million, the remainder of KRW 72 million ( September 15, 2005)). At that time, the Defendant paid KRW 20 million out of the said purchase price to the Plaintiff.
E. On August 19, 2005, the Plaintiff and the Defendant made a remainder of the sales price from the Defendant.