(영문) 대구지방법원 2019.06.27 2018가단130852



1. It was concluded on August 23, 2017 with respect to 1/4 shares of the real estate listed in the separate sheet between Defendant B and E.


1. Facts of recognition;

A. On January 8, 2013, the Plaintiff filed a lawsuit against E for the claim for reimbursement of the Seoul Central District Court Decision 2012 Ghana5812, and was sentenced to the judgment of January 8, 2013, that “the Plaintiff shall pay to the Plaintiff 19,237,90 won, and the interest calculated at the rate of 19% per annum from April 24, 2002 to October 25, 2002, and 25% per annum from the next day to the date of full payment.”

This decision became final and conclusive by the Seoul Central District Court 2019Na6781 that E filed a subsequent appeal, but the said decision became final and conclusive.

B. The mother of E (hereinafter “the deceased”) died, and Defendant B, E, G, and H (each inheritance share 1/4) was the inheritor.

C. (1) The heirs, including Defendant B and E, on August 23, 2017, including the real estate indicated in the attached list owned by the Deceased (hereinafter “instant apartment”).

(1) As to the agreement on division of inherited property that Defendant B independently succeeds to (hereinafter “instant agreement on division”).

(2) On June 19, 2018, the registration of transfer of ownership was completed under Defendant B’s name on the ground of the above contract. (3) Defendant C, as Defendant B’s child, completed the registration of transfer of ownership on June 19, 2018 with Defendant B on the ground of sale as of June 5, 2018.

At the time of the division consultation of this case, E had no particular assets, except the above inheritance shares on the apartment (value of KRW 14 million) of this case, and was in excess of its obligations.

E. 1) As to the instant apartment, ① on November 23, 2006, the debtor, the deceased, the first association of the persons holding the right to collateral security (formerly after modification), the maximum debt amount of KRW 20,000,000 for the instant apartment (hereinafter “first priority mortgage”).

(2) On May 4, 2010, the debtor, the deceased, the K-mortgager, and the maximum debt amount, 6,500,000 shall be the collateral security (hereinafter referred to as the "mortgage second collateral security"), which is the second collateral security (hereinafter referred to as the "mortgage").

Each of these was established and cancelled on June 19, 2018 after the instant split-off consultation, and each of the said mortgages has been cancelled.