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1.(a)
Defendant E shall be liable to Defendant F for each of the real estates listed in the attached list to the Daejeon District Court.
Reasons
1. Basic facts
A. The deceased G (hereinafter “the deceased”) died on October 21, 2014, and the heir, who is the spouse, H, Defendant E, Plaintiff B, C, and D, who is the Plaintiff’s spouse.
B. Defendant F completed the registration of ownership transfer on each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) around November 1990 due to sale and purchase around November 1, 1990. Defendant E completed the registration of ownership transfer on each of the instant real estate as the receipt No. 452, Feb. 13, 1999 (hereinafter “each of the instant registrations”) on each of the instant real estate as of February 4, 1999.
C. As to each of the instant real estate in the Daejeon District Court, the registration of creation of a mortgage (hereinafter “mortgage”) was completed with respect to each of the instant real estate by the competent Daejeon District Court on August 3, 2016, with the maximum debt amount of KRW 264,00,000,000, and the debtor E-mortgage and I-mortgage.
The appraised value of each real estate of this case around August 21, 2019 is KRW 583,920,000 for the real estate listed in the separate sheet, and KRW 594,240,00 for the real estate listed in paragraph (2).
[Reasons for Recognition]
(a) Defendant F: Confession;
(b) Defendant E: The absence of dispute, each entry of Gap evidence 1 and 2 (including branch numbers; hereinafter the same shall apply), the result of a commission of market price appraisal to the appraiser J, the purport of the whole pleadings;
2. Summary of the parties' arguments
A. Plaintiffs 1) Each of the instant real estate related to the claim for the performance of the procedure for the registration of ownership transfer against Defendant F was purchased by the deceased on December 20, 1998 from Defendant F, and only the name of the deceased could not be acquired under the provisions of the Farmland Act, and was left in Defendant E. Therefore, the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).
Pursuant to this, each registration of this case is null and void, and ownership of each real estate of this case remains in Defendant F.
In addition, the sales contract for each of the instant real estate between the deceased and the defendant F is valid, and it is valid for the deceased.