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1. It was concluded on April 10, 2012 with respect to 2/9 shares of the real estate listed in the separate sheet between the Defendant and B.
Reasons
1. Facts of recognition;
A. The Plaintiff’s claim 1) filed a payment order with respect to B, with respect to Jeonju District Court Branching 2007Hu179, stating that “B shall demand the Plaintiff to pay the amount of KRW 39,865,461, and KRW 21,456,303, which is calculated at the rate of 17% per annum from September 12, 2007 to the date of full payment,” and the above payment order was finalized as it became final and conclusive on December 14, 2007 (hereinafter the Plaintiff’s claim for the amount of KRW 39,865,461, and the amount of KRW 21,456,303, which was calculated at the rate of 17% per annum from September 12, 2007 to the date of full payment.”
(2) Meanwhile, the Plaintiff’s principal and interest of the instant claim against B on March 16, 2016 (i.e., the principal amount of KRW 65,450,509 (i.e., the interest of KRW 18,848,301 and delay damages).
B. The Defendant and B’s division consultation 1) The Defendant is the deceased C (hereinafter “the deceased”).
As the wife of the deceased, B, D, and E were their children. 2) The deceased owned each real estate listed in the attached real estate list (hereinafter “each of the instant real estate”). As the deceased died, on April 10, 2012, the Defendant, the inheritor, and B, D, and E entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the content that all of the instant real estate was inherited solely by the Defendant. Accordingly, the Defendant completed the registration of ownership transfer in its name on October 11, 2012 regarding all of the instant real estate.
C. B’s property status did not include any property other than that inherited from the deceased at the time of the consultation on division of the inherited property of this case.
[Ground of recognition] Unsatisfy, Gap evidence 1, 2 (including additional number), 6, Eul evidence 1, the fact inquiry results about the remaining court's case, the purport of the whole pleadings
2. Determination
A. According to the facts of the existence of the preserved claim and the recognition thereof, the plaintiff has the claim against B of this case, which is this case with the defendant.