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1. On October 29, 201, between the Defendant and Nonparty B, 2/7 shares out of the real estate indicated in the separate sheet concluded on October 29, 201.
Reasons
1. Facts of recognition;
A. Tae River loan Co., Ltd. lent 3 million won to B on September 14, 2010 at the rate of 2 years of loan and 44% per annum. However, as the above agreement was delayed, on March 23, 2011, the said loan was transferred to ELC loan Co., Ltd. and notified the transfer of the above loan claim to B at the same time. On June 19, 2014, the said ELC loan transferred the above loan claim to the Plaintiff again and notified the transfer of the claim to B at the same time.
B. On October 1, 2014, the Plaintiff filed a payment order (this Court No. 2014 tea29076) against B on the claim for the amount of the above amount of the transfer money, and the Plaintiff paid the Plaintiff the amount of KRW 8,294,463 calculated at the rate of 44% per annum from September 18, 2014 to the date of full payment, and KRW 15,500 per annum from September 18, 2014 to the date of full payment (hereinafter “the claim for the amount of the transfer money of this case”). The said order was finalized around that time.
C. The real estate listed in the separate sheet (hereinafter “instant real estate”) was originally owned by the father C. On October 29, 201, the ownership transfer registration was completed in the name of the Defendant, who was the mother of B on November 7, 2011 following the agreement on the division of inherited property by the death of the said C (hereinafter “instant division agreement”), and the ownership transfer registration was completed on December 16, 201 in the name of D, etc.
With respect to the instant real estate, the registration of the establishment of a neighboring mortgage (hereinafter referred to as the “registration of the instant collateral security”) was completed on December 14, 201 by the debtor C, the New Saemaul Depository, the mortgagee, and the maximum debt amount of the instant real estate amount of KRW 65 million, and on December 16, 2011, the registration of the establishment of a neighboring mortgage was cancelled. At the time of termination, the secured debt amount was KRW 40 million.
E. Meanwhile, at the time of the instant division consultation, Defendant B was insolvent as a debt excess, and the market price of the instant real estate was equivalent to KRW 92 million.
(f) C’s heir had the Defendant, the wife, B and E.
【Ground of recognition】 There is no dispute.