1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Basic Facts

The J died around November 1978, and 3 South and North Korea were born, and 3 South and North Korea were children, and C were South and North Korea, the Defendant, and the Plaintiff were South and North Korea.

After the death of JJ, Y C completed the registration of transfer of ownership in accordance with the Act on Special Measures for the Registration of Real Estate (Act No. 3094) with respect to the area of 3,114 square meters in Macheon-si, Macheon-si, which was registered in the name of the Choncheon-gu on October 22, 1979, E field 1,934 square meters in size, and L previous 1,382 square meters in size.

After that, November 9, 2007

G land among the land in paragraph (1) is divided into G field 2,392 square meters and H field 722 square meters, and E land is divided into E field 875 square meters and F field 1,059 square meters, respectively.

(hereinafter referred to as “the instant land”) around April 30, 1992, C completed the registration of ownership transfer under Defendant’s name with respect to the land on two lots, including G and H (hereinafter “instant land”).

Gyeonggi-do expropriated H land among the instant land around November 8, 2007, and the Defendant received compensation of KRW 60 million.

The defendant paid 10 million won out of the above compensation to the plaintiff.

On March 16, 2017, the Defendant sold G land to I for KRW 434 million and received the purchase price, and completed the registration of ownership transfer on June 2, 2017.

【In the absence of dispute, the Plaintiff C’s assertion of the purport of the entire pleadings and records Nos. 1 through 9, No. 11-1 and No. 11-2, and the entire pleadings was divided into 1/2 shares of the Plaintiff and the Defendant around April 30, 1992. However, at the time, the Defendant returned to the Republic of Korea and carried out a farming house, and the Plaintiff made a title trust of the Plaintiff’s share on each of the above lands to the Defendant, thereby completing the registration of ownership transfer under the name of the Defendant solely.

However, even though the Defendant received KRW 60 million from the instant land among the instant land, it paid KRW 10 million among them to the Plaintiff, and the Defendant did not pay KRW 20 million for the remainder of the Plaintiff’s share.

In addition, G land was sold including the Plaintiff’s share.