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1. As to each real estate listed in the separate sheet, Defendant A, C, and D, Defendant A, C, and D, with respect to each share of 4/26 shares.
Reasons
Facts of recognition
The deceased H died on December 12, 1987. At the time of the death, the heir was the Defendant A, B, C, D, E, and F (hereinafter referred to as the Defendants collectively referred to as “Defendant A, etc.”) who was the spouse of Nonparty G and his children.
The deceased H owned each real estate listed in the separate sheet at the time of death (hereinafter “each real estate of this case”). However, the Defendant, etc. filed a petition with the Busan District Court for a ruling to waive the deceased H’s inheritance of the property under the Ordinance of the Ministry of Justice No. 88D368, 369, 370, 371, 372, and 373, and the above court rendered a ruling on March 9, 198 to accept the report on the renunciation of inheritance of the above property.
The Plaintiff filed an application for registration of ownership transfer on December 12, 1987 with respect to each of the instant real estate on behalf of G and Defendant A, etc., who are co-inheritors, by gathering the above facts of renunciation of inheritance. Accordingly, as to each of the instant real estate, G and Defendant B filed an application for registration of ownership transfer on December 12, 1987, and accordingly, with respect to each of the instant real estate; Defendant A, C, and D, with respect to each of the 6/26 shares; Defendant E and F completed registration of ownership transfer on each of the 1/26 shares, respectively.
In order to collect national taxes in arrears and additional collection charges, etc., Defendant C’s Republic of Korea issued a disposition on default on Defendant C’s share of 4/26 shares in each of the instant real estate, and completed each of the attachment registrations in Changwon District Court No. 23869, Oct. 12, 2001; No. 17840, Jul. 20, 2002; and No. 7297, Mar. 12, 2008.
On the other hand, on December 26, 2001, the Plaintiff lent KRW 19,20,000 to G at an annual interest rate of 5%, interest rate of 15% per annum, and due date of repayment on December 26, 2011. Since G delayed the implementation of the loan, as of March 23, 2016, “G would pay to the Plaintiff damages for delay at an annual rate of 14% from March 22, 2016 to the date of full payment” (this Court Decision 2016 tea14). The above payment order was finalized at that time.
【Ground of recognition】 Defendant A, C, D,.