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1. As to the 6/10 share of the real estate listed in the separate sheet to the plaintiff A, the defendant shall make 4.0 out of the above real estate to the plaintiff B.
Reasons
1. Facts of recognition;
A. On July 10, 1992, Plaintiff A completed the registration of ownership transfer for 3/10 shares among the real estate listed in the separate sheet (hereinafter “instant land”) on April 18, 1987, based on property inheritance. On July 1, 2014, Plaintiff A completed the registration of ownership transfer for 3/10 shares out of the instant land on June 24, 2014.
Plaintiff
B On July 10, 1992, with respect to 2/10 of the instant land on April 18, 1987, the registration of ownership transfer was completed on the ground of property inheritance, and on July 24, 2014, with respect to 2/10 of the instant land on July 10, 2014, the registration of ownership transfer was completed on July 10, 2014.
B. On April 2004, E, which had engaged in the wholesale and retail business of cremation paper in the name of "D", concluded a contract for the supply of goods with the Defendant for the supply of cremation paper, and issued to the Defendant one promissory note with both the payee, face value, issue date, and due date column (hereinafter "the Promissory note in this case") in order to secure the payment of goods.
C. In addition, on April 7, 2004, the plaintiffs, E, F, and the defendant concluded a mortgage contract on the land of this case with the maximum debt amount of 40 million won, E, and the defendant as the defendant, in order to guarantee "the obligations, such as a payment certificate, signed and sealed by them as the sole or joint debt or guarantor within the limit of 40 million won, and each payment certificate, and all obligations on bills and checks taken over as a guarantee for the issuance and endorsement, and all obligations arising from commercial transactions," and "the establishment registration of a mortgage" on the 14th of the same month as the ground for the above mortgage contract.
(d) complete the proceedings.
Around December 2016, the Defendant stated in the payee column of the Promissory Notes in this case as follows: (a) the amount of interest at issue shall be KRW 40,000,000 in a set of KRW 40,000 in the face value column, KRW 40,000 in a set of KRW 31, 205 in the payment date column; and (b) the date of issuance shall be July 1, 2014.