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1. An agreement on the division of inherited property concluded on September 22, 2014 between the Defendant and C regarding each real estate listed in the separate sheet.
Reasons
1. Basic facts
A. As children of D (Death on November 15, 2013), the Defendant and C inherited each real estate listed in the separate sheet (hereinafter referred to as “instant land” and “building listed in paragraph (2)” at the respective 1/5 shares, respectively, of the instant building (hereinafter referred to as “each of the instant real estate”).
B. On May 1, 2012, the Plaintiff leased the building G of Gangnam-gu, Seoul, and one parcel of land owned by the Plaintiff, and C was in arrears of KRW 39,340,00 as of April 30, 2014, and the Plaintiff filed a lawsuit against C on April 17, 2014 demanding the return of overdue rent and rent equivalent to C (Seoul Central District Court Decision 2014Da95884) on May 8, 2014 (Seoul Central District Court Decision 200Da3605, Jun. 2, 2015). On June 18, 2015, the said court dismissed the Plaintiff’s total amount of KRW 33,462,168 won and KRW 39,340,308,305,300 and KRW 4600,360,364,305,306,360,304,015).
C. On September 22, 2014, the Defendant entered into an agreement on the division of the inherited property owned solely by the Defendant (hereinafter “instant agreement on division of inherited property”) with the inheritors, including C, etc., and completed the registration of ownership transfer in the name of the Defendant regarding each of the instant real property following the agreement on division of inherited property on September 23, 201.
C At the time of September 22, 2014, as of September 22, 2014, at the same time, the Plaintiff was liable for the overdue rent and unjust enrichment equivalent to the rent, while there was no particular active property other than the share of 1/5 among each real estate of this case.
(e)in this case;