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(영문) 서울북부지방법원 2018.05.31 2017가합24940
소유권말소등기
Text

1. Defendant (Appointed Party) A is within the scope of inheritance from the deceased B (C) and KRW 432,681,327.

Reasons

Basic Facts

On October 19, 2009, the Plaintiff entered into an agreement on loans (hereinafter “instant loan agreement”) with the net B (hereinafter “B”) from Yeonsu-gu Incheon Metropolitan Government for the purpose of part payments loans to F and HH D206, G M206, and the term of loans from December 10, 2009 to December 31, 201 (hereinafter “instant loan agreement”). The Plaintiff paid all the above loans (hereinafter “instant loan”).

B A. On June 16, 2015, the deceased on June 16, 2015, and the inheritor B had the spouse A, children I, and J. Defendant A reported a qualified acceptance and received a ruling from the above court on September 24, 2015 after filing a report of a qualified acceptance with the Seoul Family Court Decision 2015Ra7630, and I and J reported a renunciation of inheritance with the Seoul Family Court Decision 2015Mo7629, and received a ruling from the above court on September 24, 2015.

With respect to the real estate listed in B’s separate sheet, the provisional registration of the right to claim ownership transfer in D’s name (hereinafter “the provisional registration of this case”) was completed on December 26, 2012, and the registration of ownership transfer in D’s name (hereinafter “the ownership transfer registration of this case”) was completed on May 13, 2013, and on August 6, 2013, the registration of ownership transfer was completed on August 85, 2000, the maximum debt amount of KRW 85,000,000, the debtor’s designated person D and the mortgagee E (hereinafter “the registration of ownership transfer of this case”).

[Ground of recognition] In light of the above facts, there is no dispute, Gap's statements in Gap's 1 through 7, and the whole purport of the pleading, and the above basic facts as to the claim against defendant Gap, the defendant Eul succeeded to the loan of this case against the plaintiff of this case, and thus, he is obligated to perform the debt of Eul within the scope of inherited property.

Meanwhile, in full view of the evidence and the purport of the entire pleadings as seen earlier, interest or delay damages on the instant loan from January 4, 2012 to July 18, 2017 on the grounds of 193,458,327, and the instant case.

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