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1. Defendant B’s KRW 583,542,200 and the Plaintiff’s annual rate of KRW 5% from September 17, 2018 to November 21, 2018, and the following.
Reasons
1. Basic facts
A. On November 1, 2015, E (hereinafter “the deceased”) died after having left the Plaintiff (mams and girls), Defendant B (Nam) and F (Nam) as co-inheritors.
B. As to each of the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) owned by the deceased, the ownership transfer registration was completed on December 8 through 9, 2015, as indicated in the separate sheet No. 2, as indicated in the separate sheet No. 2, on December 8 through 9, 2015.
C. Since then, the registration of the establishment of a neighboring mortgage and the establishment of a superficies was completed on October 28, 2016 with respect to each real estate listed in the separate sheet Nos. 31 through 36 of the separate sheet Nos. 1 as shown in the separate sheet No. 4 as of October 28, 2016, and the registration of the establishment of a superficies was completed on February 28, 2017, as shown in the separate sheet No. 3 as of February 28, 2017.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. As to the defendants' primary claims
A. Plaintiff B unilaterally completed the registration of ownership transfer on the instant real estate without a valid agreement on division of inherited property. Accordingly, the registration of ownership transfer in Defendant B’s name (1/3) among the instant real estate and the registration of establishment of neighboring superficies and the registration of ownership transfer in Defendant C’s name, which was based on the ownership transfer in Defendant D Association’s name (1/3) should be cancelled. 2) The Plaintiff, Defendant B, and F, who owned the instant real estate solely by Defendant B, shall have the agreement on division of inherited property (hereinafter “consultation on division of inherited property”) by dividing the amount remaining after deducting inheritance, inheritance tax, etc. from the real estate value of the instant real estate by the Plaintiff (30%), Defendant B (40%) and F (30%). Since the registration of ownership transfer in Defendant B’s name was completed, the Plaintiff’s assertion is unreasonable.
(b).