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1. Revocation of the first instance judgment.
2.(a)
Each of the real estate listed in the separate sheet between the defendant and B shall be 2/11 shares.
Reasons
1. Basic facts
A. (1) On May 23, 2014, the Plaintiff applied for a payment order against B (hereinafter “instant payment order”) from the Daegu District Court Branch Branch of 2014 tea3518, and received the payment order (hereinafter “instant payment order”) from the Plaintiff on May 23, 2014, stating that “B shall pay to the Plaintiff KRW 14,216,47, and KRW 4,839,703 at the rate of 17% per annum from May 21, 2014 to the date of full payment” (hereinafter “instant payment order”). The instant payment order was finalized on June 13, 2014.
D. As of August 8, 2017, the obligation based on the instant payment order is KRW 16,990,971 (=principal KRW 4,839,703 + overdue interest + KRW 11,964,725 + provisional payment KRW 186,543).
B. On November 26, 1964, the deceased C (hereinafter “the deceased”) married with the Defendant and died on June 9, 2014.
C. (1) As to each of the real estate listed in the separate sheet owned by the Deceased (hereinafter “each of the instant real estate”), the registration of ownership transfer was completed on July 9, 2014 due to the agreement and division of the inherited property on July 18, 2014 (No. 93563, which was received on July 18, 2014) (hereinafter “instant agreement on the division of inherited property”).
With respect to each real estate of this case, the registration of creation of a mortgage, which was completed on October 7, 2014, was revoked on the ground of termination on October 7, 2014, as the Seogu District Court Branch of the Daegu District Court (Seoul District Court Decision 79692, Oct. 5, 2007; 58,500,000 won, and the debtor as the deceased and the mortgagee, was a monthly credit cooperative. The registration of creation of a mortgage was newly completed on October 7, 2014, on the ground of the contract to establish a mortgage on October 7, 2014, the maximum debt amount was 54,60,000 won, and the debtor and the debtor as the defendant and the mortgagee as the monthly credit cooperative.
(1) As of January 31, 2018, the sum total of the values of each of the instant real estate is KRW 224,858,550 (i.e., KRW 181,602,00 of the real estate listed in [Attachment List 1] + KRW 43,256,550 of the real estate listed in [Attachment List 2].