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(영문) 울산지방법원 2018.09.12 2017가합22526

소유권이전등기

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1. The defendant shall state each of the plaintiffs' share in return among the real estate stated in the "share to be returned by each real estate" in attached Form 2.

Reasons

1. Basic facts

A. The deceased G (hereinafter “the deceased”) died on January 8, 2015. At the time of death, the deceased’s heir was the deceased’s spouse, I, J, the Plaintiffs, and the Defendant.

B. On October 25, 2010, the Deceased donated each of the real estate listed in the separate sheet No. 17, 18, and 19 (hereinafter “instant donation”) to the Defendant among the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) (hereinafter “instant real estate”), and completed the registration of ownership transfer on October 27, 2010 on the ground of the instant donation to the Defendant on October 27, 2010.

C. On January 8, 2015, the Deceased bequeathed (hereinafter “instant legacy”) to the Defendant, each of the real estate listed in Nos. 1 through 16 of the [Attachment 1] list, and the Defendant completed the registration of ownership transfer as to each of the said real estate on August 11, 2016.

On the other hand, the plaintiffs did not receive any gift or legacy from the deceased.

E. On October 6, 2009, the Deceased concluded a mortgage agreement with the Hanyang Agricultural Cooperatives (hereinafter “Yyang Agricultural Cooperatives”) regarding the real estate listed in No. 8 of the table No. 1 attached hereto, and on the same day, the Deceased Agricultural Cooperatives completed a mortgage agreement with the maximum debt amount of KRW 54 million regarding the said real estate. On October 25, 201, the Deceased Agricultural Cooperatives concluded a mortgage agreement with the said real estate and completed a mortgage registration agreement with the maximum debt amount of KRW 26 million on the same day.

F. On February 20, 2014, the Deceased entered into a mortgage contract with the Korea Rural Community Corporation on real estate No. 9 listed in the table No. 1 attached hereto, and completed the registration of establishment of a neighboring mortgage to the Korea Rural Community Corporation on March 27, 2014, with the maximum debt amount of KRW 25,08,000, and the debtor H.

G. On February 25, 2014, the Deceased’s real estate indicated in No. 15 of the Inventory No. 15 with the Korea Rural Community Corporation.