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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
A. The Plaintiff, while maintaining a de facto marital relationship with the Defendant-friendly father D (the deceased on October 9, 2013), shared 1/2 shares of each of the real estate listed in the separate sheet (hereinafter “instant real estate”, and the Plaintiff’s 1/2 shares in the Plaintiff’s share in the Plaintiff”). However, as a result of a de facto marital relationship settlement, the Plaintiff was entrusted with 1/2 shares of the instant real estate in the name of the Plaintiff, and the ownership of the real estate is against the network D, the Plaintiff was ordered to implement the registration procedure for transfer of ownership based on the restoration of real name.
[Baju High Court Decision 2009Na1565, 1572 (Counterclaim) decided April 21, 2010] B.
Even after the above judgment, while the registration of the Plaintiff’s share was not transferred to the network D, the Ganpo City requested the Korea Asset Management Corporation to sell the Plaintiff’s share by public auction in accordance with the procedure of disposition on default against the Plaintiff commenced on October 21, 2009, and on April 8, 2015, the Korea Asset Management Corporation (hereinafter “instant public auction procedure”).
C. After the death of the deceased D, the Defendant reported the qualified acceptance of the inherited property and received the said report, and the rest of the deceased D renounced the inheritance.
Meanwhile, E had a mortgage on the instant real estate claim of KRW 300 million against the Plaintiff and the network D, which was completed on September 29, 2003 as the receipt of a mortgage claim No. 48597 on September 29, 2003. However, the Defendant filed a lawsuit against E to file a claim for the registration of transfer of the said mortgage on the ground of the acquisition of the mortgage mortgage claim as of March 31, 2011, and submitted a favorable judgment (the judgment (the main lawsuit), which was rendered in favor of the Plaintiff and the Gwangju District Court (the Gwangju District Court Branch Branch Branch Decision 2013Gahap18 (principal lawsuit), 25 (Counterclaim)) on January 14, 2014).
(e)The Korea Asset Management Corporation shall sell the Plaintiff’s shares in KRW 510,000,000;