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(영문) 춘천지방법원 강릉지원 2018.10.23 2017나31279
소유권이전등기
Text

1. Revocation of the first instance judgment.

2. The plaintiffs, and the defendant D shall share 1/17 of each of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The Defendant’s transfer of ownership on the deceased’s death and the inherited property of this case is registered 1) net F (hereinafter “the deceased”).

(2) On August 4, 2003, G and children, who are the wife of the deceased, the Plaintiffs, the Defendants, H, and I agreed on the division of inherited property, with the content that each of the real estate listed in the separate sheet owned by the deceased (hereinafter “each of the instant real estate,” and the real estate listed in the specific sequence, “the instant real estate” and “J land,” and the content that each of the instant real estate collectively owned by the Defendants, shall be 1,362 square meters prior to the Si/Gu of Seocho-si (hereinafter “J land”), and that each of the instant real estate collectively owned by the Defendants.

3) On August 27, 2003, the Defendants completed the registration of ownership transfer based on the agreement on the division of inherited property with respect to each of the instant inherited property. (b) Construction of the instant housing and the establishment of the instant collateral security right (hereinafter referred to as the “instant housing”) Defendant D newly built a new house (hereinafter referred to as the “instant housing”) on each of the instant real property Nos. 1 and 3, and obtained approval for use on June 24, 2004, and Defendant E completed the registration of ownership preservation on the instant housing on January 10, 201.

2) As to the instant real estate and the instant housing, the Defendants: (a) as to the instant real estate and the instant housing, the maximum debt amount of KRW 65,000,000 on January 14, 201; and (b) joint collateral security established with the debtor E-mortgage and K-mortgage (hereinafter “instant first collateral security”).

(2) On June 30, 201, a joint collateral security (hereinafter “instant collateral security”) with the maximum debt amount of KRW 10,000,000 on June 30, 201, as well as the joint collateral security (hereinafter “instant collateral security”) established by the debtor E and E-mortgage, and the collective collateral security (hereinafter “instant collateral security”) with the instant collateral security (hereinafter “instant collateral security”).

(C) The Defendants completed the registration of establishment. (c) On July 15, 2014, the Defendants drafted a written agreement on compensation for losses with respect to the expropriation of J land, and Korea’s land land on July 17, 2014.

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