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1. The gift agreement entered into on January 28, 2019 with Defendant B and the network regarding the real estate stated in the separate sheet of real estate.
Reasons
1. Basic facts
A. The deceased D (hereinafter “the deceased”) died on February 11, 2019, and Defendant C and E, the spouse of the deceased, are the deceased’s heir.
B. On January 28, 2019, the Deceased entered into a contract with Defendant B to donate the real estate indicated in the separate sheet of real estate owned by the Deceased (hereinafter “instant real estate”) to Defendant B (hereinafter “instant gift contract”).
Defendant B completed the registration of transfer of ownership on January 29, 2019 on the instant real estate based on the instant donation contract.
C. Prior to the conclusion of the instant gift contract, the registration of seizure was completed on January 11, 2019 on the instant real estate by reason of the seizure made on December 31, 2018 by the holder of the right on January 31, 2018, and the registration of seizure made on January 8, 2019 by the holder of the right on January 16, 2019, respectively.
(1) The seizure of this case takes effect upon the registration of seizure under the above paragraph (1) (hereinafter “instant seizure”). After entering into the gift contract of this case, the seizure of this case (hereinafter “instant seizure”) was cancelled on January 31, 2019. ② The seizure of this case No. 2 was cancelled on January 30, 2019, and each of the registrations of the instant seizures No. 1 and 2 pertaining to the instant seizure were cancelled on January 31, 2019.
With respect to the instant real estate prior to the conclusion of the instant gift agreement, (1) the Industrial Bank of Korea initially established the right to collateral security as a mortgagee on May 22, 2012. The Korea Housing Finance Corporation acquired the said right to collateral security from the Industrial Bank of Korea on May 23, 2013 due to the transfer of finalized claims from the Industrial Bank of Korea on July 12, 2012. The said right to collateral security was transferred on May 22, 2012. Around May 22, 2012, the maximum debt amount was KRW 174 million, the debtor’s establishment registration of collateral security, and (2) the Industrial Bank of Korea as a mortgagee on December 19, 2013.