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1. The Defendant is the Ulsan District Court No. 241702, Dec. 30, 2016, regarding the real estate in the attached list to Plaintiff B.
Reasons
1. Basic facts
A. On October 25, 2016, the deceased A (hereinafter “the deceased”) was loaned KRW 30,000,000 from G Cooperatives.
B. On June 1, 2016, the Deceased purchased the instant real estate from H, the former owner of the real estate listed in the separate sheet (hereinafter “instant real estate”) and completed the registration of ownership transfer in its name on June 7, 2016.
C. On December 30, 2016, the Deceased completed the registration of the establishment of a neighboring mortgage of the maximum debt amount of KRW 60,000,000 (hereinafter “the registration of the establishment of a neighboring mortgage of this case”) with respect to the instant real estate by the Ulsan District Court No. 241702, Dec. 30, 2016, the Deceased (hereinafter “the registration of the establishment of a neighboring mortgage of this case”) with respect to the Defendant.
Meanwhile, upon the deceased’s death on April 9, 2019 during the instant lawsuit pending, the Plaintiff C, D, and E, who is the wife, taken over the instant lawsuit as a co-inheritors. On May 29, 2019, Plaintiff B completed the registration of ownership transfer on the instant real estate due to an inheritance by agreement division.
[Ground for Recognition: Facts without dispute, Gap evidence 5, Gap evidence 6-3, Gap evidence 8, the purport of the whole pleadings]
2. The assertion and judgment
A. In each of the allegations by the plaintiffs 1, the deceased's summary of the plaintiffs' assertion was loaned KRW 30,000,000 from G association to the defendant, and the defendant prepared and delivered a loan certificate to the deceased to pay KRW 39,00,000 to the deceased by May 11, 2018. The defendant is obliged to pay the amount equivalent to each inheritance share to the deceased's co-inheritors.
In addition, even though there is no secured obligation against the defendant to conceal or reduce property among the divorce proceedings with the plaintiff B, the deceased had made a false registration of the establishment of a mortgage of the instant neighboring area to the defendant, and the plaintiff B was the owner of the instant real estate following the division of inherited property upon the death of the deceased, and was the exercise of the right to claim the removal of disturbance.