beta
(영문) 대구지방법원 포항지원 2018.12.20 2017가단104789

소유권이전등기

Text

1. Of each real estate listed in the separate sheet to the Plaintiff, the shares of Defendant B 3/14, and shares of Defendant C and D 2/14, respectively.

Reasons

1. Basic facts

A. The relationship 1) The Plaintiff is Nonparty E’s wife. The deceased F (hereinafter “the deceased”).

(2) On July 27, 2011, Defendant B died. Defendant B, as his spouse, succeeded to the property of 3/7 shares, Defendant C, and D in proportion to 2/7 shares as their respective children. (2) Meanwhile, the Defendants filed an application for a limited acceptance of inheritance with respect to the above inheritance with the Daegu District Court’s Family Branch Branch (201sembar2553). On October 24, 2011, the said court accepted the said report on the qualified acceptance.

B. 1) The Deceased’s acquisition, etc. of each of the instant real estate by the Deceased on October 23, 2003 (hereinafter “each of the instant real estate”) is each of the real estate listed in the separate sheet on October 23, 20

On October 6, 2003, the registration of ownership transfer was completed on the ground of sale by voluntary auction. 2) At the time of the registration of ownership transfer, a certified judicial scrivener, registration tax, etc. paid by the Plaintiff.

3) On May 4, 2004, the Deceased prepared and delivered a written consent for land use to delegate all authority over the matters, such as the use of each of the instant real estate and funeral, to the Plaintiff. (c) Around July 31, 2006, the Plaintiff received a loan of KRW 420 million from the G Association (hereinafter “G Association”) as security as well as the real estate owned by the Plaintiff. At the time, the Deceased offered each of the instant real estate to the said G Association as security.

2) On August 4, 2006, the Plaintiff paid KRW 100 million to the Deceased on August 8, 2006 immediately after receiving the said loan from the G Cooperatives. 3) Meanwhile, the Deceased paid KRW 600,000 per month to the Plaintiff from February 2, 2007, from March 15, 2007 to July 18, 2007, KRW 600,000 per month, from October 4, 2007 to December 3, 2007, KRW 120,000 per month, from January 21, 2008, and KRW 60,000 until February 4, 2008.

The Deceased, on November 18, 2010, in the instant report, shall transfer the registration of transfer of 1/2 shares to the Plaintiff of each of the instant real estate until December 18, 2010.