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The Plaintiff
A. As to the share 2/17 of D among the real estate listed in the separate sheet Nos. 1, 2, and 3, the defendant B.
Reasons
1. Basic facts
A. On December 2, 2011, E deceased on December 2, 201, and jointly succeeded to E by the Plaintiff, G, H, D, I, J, and K, who are spouse F, children.
B. E’s testamentary gift 1) around 1988, E entrusted the Plaintiff and G with the preparation of a testamentary deed (No. 3678, 1988, a notary public) on December 27, 1990, including each real estate listed in the attached list, to which he had owned at the time, to make the entire real estate testamentary gift to the Plaintiff, and entrusted a notary public with the preparation of a testamentary deed (No. 8823, a notary public) on which the content of cash testamentary gift against some of the above testamentary deeds prepared in 1988, which corrected the contents of cash testamentary gift against some of the successors of the above testamentary deeds (No. 8823, a notary public of the law office 1990).
(hereinafter referred to as “instant legacy”) C.
1) On December 20, 2012, after the death of E, the registration of ownership transfer and the establishment of a mortgage on real estate subject to the testamentary gift of this case was completed on December 20, 201 with respect to each inheritance share on December 20, 201. 2) D completed the registration of establishment of a mortgage on shares in the instant testamentary gift of this case to Defendant B on May 10, 2013 as to shares in D 2/17 shares in attached Table 1, 2, and 3, which are part of the real estate subject to the testamentary gift of this case.
(B) On May 23, 2013, D had registered the creation of a mortgage (hereinafter referred to as “the first collateral mortgage”) with the Defendant, U.S.C. as to KRW 2/17 shares of D in the real estate indicated in the attached list 4 through 11, which is a part of the real estate subject to the instant testamentary gift, with the debtor as to KRW 500 million (hereinafter referred to as “the second collateral mortgage”).
(4) On October 1, 2013, the Plaintiff was on the ground of testamentary gift on December 2, 2011, as to the entire shares of co-owners of each real estate listed in the separate sheet.