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(영문) 서울중앙지방법원 2018.11.01 2017가단5177447
구상금
Text

1. Defendant B’s 5% per annum from July 1, 2017 to November 1, 2018, with respect to the Plaintiff’s KRW 134,51,865 and its interest.

Reasons

1. Facts of recognition;

A. The Plaintiff and Defendant B are those who have a father of the network D (hereinafter “the deceased”), and Defendant C is their three degrees.

B. On March 2013, Defendant C asked Defendant B to obtain a loan of KRW 300,000,000 from the Seocho-gu Seoul Metropolitan Government E Apartment F (hereinafter “instant apartment”) owned by the Deceased as collateral.

On March 27, 2013, Defendant B entered into a monetary loan agreement with Defendant C with a loan of KRW 300,000,000, and on March 28, 2013, Defendant B, in relation to the instant apartment on March 28, 2013, concluded a registration of creation of a neighboring mortgage with Defendant B and the maximum debt amount of KRW 348,00,000,000, and lent the loan to Defendant C.

(hereinafter) The foregoing right to collateral security (hereinafter referred to as the “mortgage”), the above loan and the obligation of the loan arising therefrom (hereinafter referred to as the “instant loan”) C.

Since then, when the Deceased died on April 19, 2016, the Plaintiff filed a complaint against the Defendant B on the principal appeal for the division of inherited property with the Seoul Family Court 2016Dhap1149, and the Defendant B filed a complaint against the Plaintiff on a counterclaim against the determination of the contributory portion with the same court 2016Dhap1389. In the foregoing case, on November 30, 2016, the decision of recommending reconciliation (hereinafter “decision of recommending reconciliation of this case”) became final and conclusive as follows.

1. The Plaintiff and Defendant B, taking into account the contributory portion of Defendant B, divide the deceased’s inherited property into account as follows.

The Plaintiff and Defendant B divided the apartment of this case into co-ownership of one-half shares.

Accordingly, the obligation to speak the instant collateral security, which was established on the instant apartment, shall be borne by the Plaintiff and Defendant B, each of the 1/2 shares.

B. Of the 555 square meters of the deceased’s name before Kimhae-si, one-third share is divided into the ownership by Defendant B solely.

2. The Plaintiff and Defendant B shall be entitled to legal reserve of inheritance for all claims related to the deceased’s inherited property in the future, such as civil, criminal, and household affairs.

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