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1. As to 1/4 shares in the real estate listed in the separate sheet
A. It was concluded on February 10, 2015 between the Defendant and C.
Reasons
1. Facts of recognition;
A. On March 27, 2013, the Plaintiff filed a lawsuit against C with Seoul Southern District Court 2012Kadan84688, and was sentenced by the above court that “C shall pay to the Plaintiff the amount of KRW 25 million with interest of KRW 25,00,000 and KRW 20% per annum from February 14, 2013 to the date of full payment,” and the above judgment became final and conclusive around that time.
B. The real estate listed in the separate sheet (hereinafter “instant real estate”) was originally owned by C’s mother D. D died on February 10, 2015, and at the time, C, Defendant, E, and F, a child, was a property heir.
C. On February 10, 2015, inheritors including C and the Defendant entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the content of the Defendant’s sole inheritance of the instant real property.
On February 10, 2015, the registration of the transfer of the ownership in the name of the defendant was completed on June 8, 2016 by the Seoul Northern District Court was received on June 8, 2016.
At the time of the consultation on division of the above inherited property, 1/4 shares of the instant real estate as active property of C, and the ownership transfer registration was made on October 31, 2017 for sale and purchase on May 1, 2017, with the appraisal of 46,008,00 won and the market value of 36,693,760 won in total, and the appraisal in the compulsory auction procedure of the Daejeon District Court Seosan Branch of Daejeon District Court (as of October 23, 2017 at the base point of time, around October 23, 2017).
There was a total of KRW 45,519,300, total of KRW 34,958,904, and KRW 10,560,396, and KRW 45,519,300.
[Ground of recognition] Facts without dispute, significant facts in this court, Gap evidence Nos. 1, 3, 4, and 5, the purport of the whole pleadings
2. Determination:
A. The agreement on the division of inherited property shall be made in respect of the inherited property on which the inheritance commences and which became a provisional co-inheritors.