(영문) 광주지방법원 2019.11.21 2018가단534636

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(영문) 광주지방법원 2019.11.21 2018가단534636

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1. The Defendant was dated November 9, 2018 with respect to the Plaintiff’s share of 9206/147296 out of the real estate stated in the attached list.

Reasons

1. Basic facts

A. C died on October 6, 2018

(hereinafter referred to as “C”). B.

The heir is the plaintiff, defendant, non-party A, D, E, F, G, H, I, and eight persons who are the deceased's children.

C. 1) On July 12, 2017, the Deceased’s real estate indicated in the separate sheet (hereinafter “instant real estate”) owned by the Deceased.

As to the Plaintiff, the transfer registration of ownership in the Plaintiff’s future (hereinafter “instant transfer registration”) is deemed to be based on the donation from July 10, 2017.

(2) On the other hand, on September 18, 2008, the establishment registration of the instant real estate was completed on September 18, 2008, ① the obligor, E, the maximum debt amount of KRW 72 million, the establishment registration of the establishment of the establishment of the neighboring association of the JW, ② October 16, 2013, ② the obligor, E, the maximum debt amount of KRW 45.6 million, and the establishment registration of the neighboring association of the JW.

3) On October 11, 2018, the Defendant accepted a loan agreement with E and J., and completed the registration of change of the right to collateral security with the debtor as the defendant on the same day. D. At the time of the deceased’s death, active property at the time of the deceased is KRW 296,483. E. The value of the instant real property is KRW 147,00,000 from the time of the deceased’s death to the present date. The amount of each of the instant collateral security obligations is KRW 88,065,00 in total with the principal borrowed as of October 6, 2018. [The amount of each of the instant collateral security obligations is KRW 88,00 in total as of October 6, 2018.]

2. The Plaintiff’s judgment on the primary claim among the real estate registration procedures is based on the following: (a) the donation contract between the Deceased and the Defendant, a cause for the registration of transfer of ownership in this case, is a donation contract, which is the cause for the registration of transfer of ownership, is externally small and completed only in the donation contract in a state with no mental capacity; and thus, (b) the registration of transfer of ownership in this case

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