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(영문) 제주지방법원 2018.05.17 2016가단59692
소유권말소등기
Text

1. The defendant shall receive KRW 23,423,52 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. B is a legal spouse who completed a marriage report with D on May 27, 2014.

The defendant is the father of D and the mother of D.

B. B was born between D and D, but D died on April 25, 2015, before the Plaintiff was born.

C. At the time D’s death, D (hereinafter “the deceased”) had the Plaintiff, B, the spouse, the father, and the mother, who were the fetus.

Attached Form

With respect to the real estate recorded in the list (hereinafter “instant real estate”), the Defendant, E, and B prepared a written agreement on the division of inherited property on May 7, 2015 that the instant real estate, which is the inherited property, owned by the Defendant, E, and B, as co-inheritors. On May 7, 2015, the inheritance by consultation and division on the 8th day of the same month, as the cause of registration, was the ownership transfer registration specified in Paragraph (1) of the disposition of the Defendant (hereinafter “instant registration”).

E. Meanwhile, on the other hand, on June 10, 2014, the instant real estate: (a) on the grounds of the establishment of a mortgage contract; (b) the maximum debt amount of KRW 75,900,00; and (c) No. 5 of the sequence F, a debtor, the deceased, and the mortgagee Co., Ltd. was established; and (b) on December 23, 2014, the registration of a mortgage transfer No. 5-1, which was amended by the mortgagee to the Korea Housing Finance Corporation, was made.

At the time of the deceased’s death, the deceased’s obligation secured by the foregoing right to collateral security was KRW 45,500,000. The Defendant paid all of the above obligation on May 13, 2015 and deleted all the registration of establishment of collateral security and additional registration of transfer of collateral security.

F. The Plaintiff was born G.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 6 (including branch numbers, hereinafter the same shall apply), and the purport of whole pleadings

2. Determination

A. According to Article 100(3) of the Civil Act, an embryo is deemed to have been born in the order of inheritance.

The plaintiff is the only body of the deceased.

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