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(영문) 의정부지방법원고양지원 2020.08.28 2020가합71256
손해배상(기)
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1. The defendant's KRW 543,378,545 to the plaintiff and 5% per annum from March 13, 2020 to August 28, 2020 to the plaintiff.

Reasons

1. Fact-finding;

A. C, the owner of the real estate indicated below (hereinafter “instant real estate”), died on May 14, 198. At the time of death, C, the heir, who is the spouse, and the Defendant (the son), E, F, and Plaintiff, who is the spouse and children.

In Seopo-si, Seopo-si, Seopo-si, Jeju Special Self-Governing Province, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Jeju Special Self-Governing Province, which is 4641m2 in Jeju Special Self-Governing Province, 105m2 in Seopo-si, Seopo-si, Jeju Special Self-Governing Province, which is 225m2 in Seopo-si, Seopo-si, Jeju Special Self-Governing Province.

B. Notwithstanding the absence of an agreement with co-inheritors, including the Plaintiff, on the division of inherited property, the Defendant completed the registration of the transfer of ownership as the receipt of No. 671 on January 8, 2013 on the ground of the inheritance due to the division of property on May 14, 198.

C. On July 2017, the Plaintiff filed a lawsuit claiming ownership transfer registration (No. 2017da57464, hereinafter “transfer lawsuit”) against the Defendant on the Plaintiff’s share 2/11 of the Plaintiff’s inherited shares in the instant real estate due to inheritance recovery and received a favorable judgment on July 19, 2018, and thereafter the judgment became final and conclusive.

(hereinafter “instant final judgment”) d.

On the other hand, with respect to the instant real estate, the Defendant: (a) completed the registration of creation of a mortgage on June 25, 2014, the maximum debt amount of KRW 71,500,000; (b) the registration of creation of a mortgage on the debtor’s neighboring property; (c) the registration of creation of a mortgage on November 4, 2015; and (d) the registration of establishment of a mortgage on the debtor’s neighboring property; and (b) the debtor’s neighboring property; (d) the Plaintiff claimed for the cancellation of the registration of establishment of a mortgage on the 2/11 share of the instant real estate out of the instant real estate, but on the ground that the Plaintiff delegated the Defendant with the authority to establish a respective

(Evidence A No. 1) After that, the defendant around August 2018.

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