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1. The sales contract concluded on September 11, 2013 between the Defendant and B regarding each real estate listed in the separate sheet shall be revoked.
Reasons
1. Basic facts
A. On June 29, 2012, the Plaintiff loaned 2,160,000 won to the deceased B (hereinafter “the deceased”) at interest rate of 3% per annum, 12-14% per annum, 12-14% of delay compensation (discriminatory application according to the delayed period), and on June 29, 2020 of the expiration date of the loan.
B. On December 18, 2012, the Plaintiff granted a loan of KRW 11,00,000 to the Deceased on an annual interest rate of KRW 8.07% (applicable with a fluctuation rate), 6 through 8% (Graded application according to the delayed period), and on December 18, 2015, the date of expiry of the loan.
C. As of November 22, 2016, the Deceased lost the interest on each of the above loans, and as of November 22, 2016, the principal and interest on the loans as of June 29, 2012 (i.e., the principal amount of KRW 1,850,000) plus KRW 2,068,496 (i.e., the principal amount of KRW 218,496), and (ii) the principal and interest on the loans as of December 18, 2012 (i.e. the principal amount of KRW 12,320,40,000) plus KRW 11,320,320,406).
On September 11, 2013, the Defendant, the deceased’s children, entered into a sales contract (hereinafter “instant sales contract”) with respect to each of the real estate listed in the separate sheet owned by the deceased (hereinafter “each of the instant real estate”), and completed the registration of ownership transfer as Cheongju District Court No. 18141 on September 23, 2013 on the ground of the instant sales contract.
E. Meanwhile, the Deceased died on March 22, 2015, and on the other hand, the Defendant, D, and E, who is his spouse C, children, succeeded to the deceased’s property, and on February 1, 2007, I, his father, F, G, and H, who is the deceased’s husband, succeeded to the deceased’s property on behalf of the deceased.
F. The inheritance shares of the deceased by co-inheritors are as listed below.
The heir’s share of inheritance with C 21/77 D’s 14/77 D’s 14/77 E’s 14/77 E’s 14/77’s 14/77’s 3/777’s 3/77’s 14/77’s 3/777’s 14/77’s 3/77’s 14/77’s 2/77’s 2/7’s 3/7’s 3/7’s 3/7’s 307’s 14/7’s 14/7’s 2/7’s 2/7’s 3/7’s 307’s 3/7’s 3