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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On October 6, 1989, the real estate listed in the [Attachment List] (“instant real estate”) was owned by the Plaintiff’s attachment D. As the heir died on October 6, 1989, the heir jointly inherited the real estate as follows.
EF GHH I J’s mother on January 17, 199, a notary public prepared a letter of assignment to the Plaintiff, stating that “If a notary public fails to repay 186,473,100 won of a loan obligation to the Plaintiff by July 7, 2000, he/she shall transfer 30% of his/her own share in the instant real estate to the Plaintiff” (hereinafter “the letter of assignment”). The notary public prepared a letter of assignment to the Plaintiff, stating that “in the event he/she is unable to repay 186,473,100 won of a loan obligation to the Plaintiff by July 7, 200.”
E A. On July 12, 2012, the Plaintiff and F, etc., co-inheritors, died on July 12, 2012. As the Korea Credit Guarantee Fund, a creditor against J of co-inheritors, did not register each inheritance due to D and E’s death, registered co-inheritors’ co-inheritors’ co-inheritors’ share registration on April 14, 2014 with respect to the instant real estate based on the obligee’s subrogation right as indicated below.
FGH I JJ applied for compulsory auction against J-owned shares, and Defendant B purchased them on February 23, 2015 in the auction procedure.
On the same day, Defendant B completed provisional registration based on the trade reservation in the future of Defendant C with respect to the above co-ownership shares.
2. Judgment on the plaintiff's assertion
A. The Plaintiff asserted that the share of inheritance (6/20) was comprehensively transferred from E through the letter of transfer of this case, but the share of inheritance of E was reverted to six co-inheritors, including the Plaintiff, by the registration of subrogation of the Korea Credit Guarantee Fund. As such, the remaining co-inheritors except the Plaintiff are co-inheritors, and the Defendant B, who received the share of inheritance from J, as a co-inheritors, shall also be cancelled.