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1. It was concluded on August 28, 2017 with respect to 2/7 shares in the real estate listed in paragraph 1 of the attached Table between the Defendant and B.
Reasons
1. Basic facts
A. The Plaintiff filed a lawsuit against B against the Seoul Northern District Court 2013 Ghana 232917. On June 7, 2013, the said court rendered a decision to recommend performance that “B shall pay to the Plaintiff KRW 6,442,615 and KRW 1,889,482 each year from May 21, 2013 to the date of full payment.”
The above decision was finalized on June 29, 2016.
B. C who owned each real estate listed in the separate sheet (hereinafter “the deceased”) died on March 31, 2017, and the heir was the Defendant, B, and D, the spouse of the deceased.
C. On August 23, 2017, the registration of transfer of ownership in the name of the Defendant, D, and B was completed due to the inheritance on March 31, 2017 as to the real estate listed in paragraph (1) of the [Attachment List] listed in the [Attachment List] (hereinafter “instant real estate”), and the registration of transfer of ownership in the name of the Defendant was completed on August 28, 2017 as to the shares B (2/7 shares) in the instant real estate as of August 28, 2017 as of the same date (hereinafter “instant gift”).
Then, the establishment registration of the mortgage in the name of E, 15,00,000 won, based on No. 15147 received on August 28, 2017, regarding shares 2/7 of the instant real estate donated by the Defendant from B, was completed. D.
The deceased’s inheritors agreed on the division of inherited property (hereinafter “instant division agreement”) solely inherited by the Defendant, and accordingly, on August 30, 2017, the registration of transfer of ownership in the name of the Defendant was completed due to the inheritance by the agreement and division as of March 31, 2017 with respect to the instant two real property as of August 30, 2017.
After all, the establishment registration of a mortgage in the name of E, the maximum debt amount of which is KRW 15,000,000, was completed as of August 30, 2017, No. 15348, which was received on August 30, 2017.
E. B was liable to the Plaintiff at the time of the donation of this case and the division of this case.