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(영문) 창원지방법원통영지원 2017.11.29 2016가합154
소유권말소등기
Text

1. As to KRW 184,822,767 and KRW 184,821,705 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 184,82,767 from January 16, 2016, and KRW 1,062.

Reasons

1. Basic facts

A. On March 18, 1980, the deceased C (hereinafter “the deceased”) married with D on March 18, 1980, and had the Plaintiff and the Defendant as their children, and had a divorce between D and D on July 6, 2011.

B. On November 14, 2015, while receiving an anti-presidential cancer examination in the second half of the year of 2014, the Deceased was receiving treatment at the Seoul National University Hospital after being hospitalized on November 18, 2015. On November 18, 2015, the Deceased was hospitalized in the East National University Hospital, and died on January 17, 2016.

C. On November 18, 2015, the registration of ownership transfer was completed on the land and commercial building listed in the attached list No. 1 owned by the deceased (hereinafter “instant one real estate”) on November 17, 2015 (hereinafter “the instant one ownership transfer”). On November 27, 2015, the registration of ownership transfer was completed on the real estate listed in the attached list No. 2 owned by the deceased (hereinafter “instant two real estate”). On November 27, 2015, the registration of ownership transfer was completed on November 27, 2015 (hereinafter “instant two ownership transfer registration”). As to the motor vehicle listed in the attached list No. 3 (hereinafter “instant motor vehicle”) owned by the deceased, the ownership transfer registration was completed on November 13, 2015.

As to the instant real estate 1, the Defendant completed the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 240,000,000 and the mortgagee of the right to collateral security as the Gyeongnam Bank Co., Ltd. (hereinafter “Gyeongnam Bank”) on January 13, 2016.

E. Meanwhile, on August 9, 2013, the Deceased leased to E the entire first floor of the instant real estate with the lease deposit of KRW 50,00,000, KRW 3,200,000, and the lease period of KRW 3,200,000, and from September 1, 2013 to August 31, 2018. ② On October 15, 2013, the Hansung Property Insurance Co., Ltd., Ltd. leased the second floor of the instant real estate with the lease deposit of KRW 50,00,00, KRW 1,300,000, and the lease period of KRW 1,30,00,00, from October 16, 2013 to October 15, 2014, the real estate of this case was leased to Defendant 1, the lease period of the instant real estate to Korea.

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