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(영문) 제주지방법원 2018.07.19 2017가단57464
소유권이전등기
Text

1. The Plaintiff:

A. Defendant B: (a) 2/11. each of the real estates Nos. 1 through 6 from among the real estates listed in the attached Table 1’s real estate list.

Reasons

1. Facts of recognition;

A. D, the owner of the real estate listed in the annexed real estate list, died on May 14, 198.

B. At the time of death, D (hereinafter referred to as “D”) had the Plaintiff, who is the spouse, B, C, and C, the male spouse, as the spouse, as the legal heir.

C. Defendant B received the registration of ownership transfer under Defendant B’s sole name on January 8, 2013 on the ground of inheritance due to the division of property on May 14, 198, even though there was no agreement between the Plaintiff and the inherited property regarding the real estate Nos. 1 through 6 among the real estate listed in the attached real estate list.

Defendant C received the registration of ownership transfer under Defendant C’s sole name on January 8, 2013 on the ground of the inheritance due to the consultation and division on May 14, 198, notwithstanding the absence of an agreement with the Plaintiff on the division of inherited property with respect to the real estate Nos. 7 among the real estate listed in the attached real estate list.

E. Defendant B created the superficies indicated in No. 1 and No. 2 of the attached Table No. 2 and the attached Table No. 3 on the right to collateral security, against which the Defendant Seocho-dong Credit Union was the mortgagee, respectively, to the Defendant Seocho-dong Credit Union.

F. Defendant C created the right to collateral security listed in the No. 3 of the attached collateral security list to Defendant Dong Hong Saemaeul Community Credit Union.

G. Meanwhile, E, on the other hand, set the rent of KRW 10 million per annum to H with G sports site of KRW 2976 square meters in Seopo-si, Seopo-si, and Defendant B began to receive the rent per annum on its own after January 2013 where the ownership of the said land was transferred to oneself.

Meanwhile, annual rent for the above land was KRW 10 million per year from 2013 to 2016, and KRW 15 million per year from 2017 to 2018.

Accordingly, the annual rent received by Defendant B until the date of the closing of argument is 70 million won in total, and the detailed details are as follows.

However, Defendant B is the negligence of the inherited property.

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