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1. It was concluded on March 11, 2015 with respect to 2/11 shares of the real estate listed in the separate sheet between the network C and Defendant E.
Reasons
1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in full view of the entries in Gap evidence Nos. 1 to 5, 8, 11, 12, and Eul evidence No. 1 (including branch numbers; hereinafter the same shall apply), and the whole purport of the pleadings:
The Plaintiff concluded an insurance solicitor commission contract with Defendant E and paid the commission fee for the insurance solicitation, but upon the dismissal on May 1, 201, the Plaintiff incurred KRW 29,678,475 of the commission fee to be recovered from Defendant E.
Accordingly, the Plaintiff filed a lawsuit claiming refund of fees with the Seoul Central District Court 2016Da43191, and was sentenced to the Seoul Central District Court 29,678,475 won and its delay damages. The above judgment became final and conclusive on June 10, 2016.
B. With respect to the network H, the deceased C is the spouse, the defendant D, E, F, and G are children, and the defendant B is believed to be children.
C. Although the instant real estate was owned by the network H, as the deceased on February 21, 2012, the deceased on February 21, 2012 (hereinafter “instant agreement”) concluded an agreement on the division of inherited property to be owned by the deceased C, Defendant D, E, F, and G, the heir of the instant real estate on March 11, 2015 (hereinafter “instant agreement”).
Accordingly, on March 26, 2015, the registration of ownership transfer was completed in the name of the deceased C on the instant real estate.
Defendant B donated the instant real estate from the deceased C on April 3, 2015, and completed the registration of ownership transfer.
E. Meanwhile, in the instant real estate, the registration of the creation of the right to collateral security (hereinafter “mortgage”) was completed, which is the first association of the mortgagee (hereinafter “I association”), the maximum debt amount of KRW 66,000,000 (the secured debt of KRW 55,00,000).
However, on April 15, 2015, Defendant B provided the instant real estate as collateral and provided it to the I Association, setting the maximum debt amount of KRW 100,800,000 with respect to the instant real estate, and cancelled the registration of creation of a collateral of KRW 66,00,000 with respect to the said real estate.
F. The network C on April 18, 2017