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Reasons
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(영문) 인천지방법원 2018.11.27 2018가합52036
소유권이전등기
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1. Attached list to the plaintiffs

1.In respect of shares of one-fifths of the immovables as described in paragraphs 3.

Reasons

1. Basic facts

A. The Plaintiffs and the Defendant were born between F (Death on March 17, 2002, hereinafter “the deceased”) and G.

B. At the time of the deceased’s death, G (the inherited portion 3/13) and the Plaintiffs and the Defendant (the inherited portion 2/13) were the deceased’s heir, and the inherited property was the same as the real estate listed in the attached Table (hereinafter “instant real estate”).

C. G, the Plaintiffs and the Defendant drafted a written agreement on division of inherited property, stating that registration of inheritance is not complete even after the deceased’s death, and that on June 30, 201, “the instant real estate will be owned by the Defendant in respect of inheritance commenced due to the deceased’s death.”

At the end of the above contract, the purport of the "no property dispute shall exist after the consultation as above" (hereinafter referred to as "the text of this case") was stated.

(hereinafter “instant agreement on division of inherited property”). D.

The defendant completed the registration of ownership transfer on July 1, 201 due to inheritance by agreement and division dated March 17, 2002.

E. (1) On July 29, 2011, the real estate listed in [Attachment 4.1] List No. 4. (hereinafter “Real Estate”) established a maximum debt amount of H, Co., Ltd. (hereinafter “H”) 416,00,000, and a mortgage (hereinafter “mortgage”) with the Defendant as the Defendant. At the time of the establishment of the said collateral security, the Defendant borrowed KRW 320,000,000 from the deceased’s heir and jointly used it.

(2) Attached List

1. On May 19, 2016, each of the real estates listed in paragraphs (1) through (3) (hereinafter referred to as “real estate in attached Table 1.-3.”) established a mortgage (hereinafter referred to as “IB mortgage”) with respect to IF, with a maximum debt amount of KRW 168,00,000,000, and the debtor’s mortgage (hereinafter referred to as “IB mortgage”). At the time of the establishment of the said collateral mortgage, the Defendant obtained a loan of KRW 140,000 on a loan limit of KRW 126,00,000 on May 24, 2018, the loan limit was reduced to KRW 126,00,000.

F. G: November 7, 2017

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