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(영문) 서울남부지방법원 2020.11.19 2020가합105891

소유권이전등기

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1. The Defendant shall divide the inherited property on July 19, 2019 with respect to one-third share of each real estate listed in the separate sheet to C.

Reasons

1. Basic facts

A. Each of the real estate listed in the separate sheet regarding the ownership of each of the instant real estate (hereinafter “each of the instant real estate”) was owned by the network D, and the network D died on June 27, 2009 and jointly succeeded by the deceased E, the spouse of the deceased, the Defendant, and C.

After October 8, 2015, the network E died on October 8, 2015, and the original and the Defendant, and C jointly inherited the network E’s shares on each of the instant real estate.

As a result, each of the instant real estate is owned by the original and the Defendant, and C, in 1/3 shares.

(Registration due to inheritance after the death of the deceased is not completed, and the owner on the register is entered as D). (b)

The conciliation was concluded as of July 19, 2019 in the case of the division of inherited property brought by the plaintiff and the defendant against C, which was brought by the plaintiff and the defendant for the establishment of the conciliation of this case (Korean Government District Court 2019Du3008). The main contents are as follows:

(hereinafter referred to as “instant conciliation”). The plaintiff, the defendant, and C agree to divide the inherited property as follows:

Until October 31, 2019, the plaintiff and the defendant shall implement C with respect to the share of inheritance of the plaintiff and the defendant among each of the real estate in this case, the procedure for the registration of ownership transfer due to the division of inherited property on the date of mediation of this case.

B. C shall pay each of the KRW 600 million to the Plaintiff by October 31, 2019 (the sum of KRW 300 million to the Plaintiff, and the Defendant’s share).

(c) The above paragraphs (a) and (b) are simultaneously implemented.

If C receives a secured loan on each of the instant real estate in order to pay the above KRW 600 million, the above KRW 600 million out of the loan shall be transferred directly from the lending institution to the Plaintiff’s account.

E. In relation to the lease of each real estate of this case, it is confirmed that the Plaintiff has the right to acquire rent, etc. from C until the Plaintiff is paid the above KRW 600 million.

(However, the plaintiff bears the obligation to return the lease deposit to the present lessee).

The plaintiff and the defendant are subject to separate agreement on July 18, 2019, prior to the date of the instant conciliation.