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1. The part against the defendant in the judgment of the first instance is revoked.
2.(a)
Attached Form A between the defendant and the co-defendant A of the first instance trial.
Reasons
1. Facts of recognition;
A. On February 10, 2012, the Plaintiff’s loan No. 3,000,000 won to the Codefendant A, Ltd. (hereinafter “instant loan claim”) was extended on a yearly basis and on February 10, 2014 (hereinafter “instant loan claim”).
(2) On September 7, 2012, Tae River Loans Co., Ltd. transferred the instant loan claim to ELC Loan and notified A of the fact of transfer. On June 19, 2014, the said ELC Loan Co., Ltd. transferred the instant loan claim to the Plaintiff and notified A of the fact of transfer around that time.
3) The loan principal of the instant case as of September 16, 2016, which was around the date of closing the argument in the first instance judgment, is KRW 2,807,545, interest and delay damages, KRW 4,680,547, and the cost is KRW 710,946. B. The debtor and the defendant agreed on the division of inherited property between A and the defendant) and the defendant, between A and the defendant, on July 12, 201, the father, died on July 12, 201 and jointly inherited each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).
2) On September 27, 2012, the spouse A, the Defendant, and the Defendant’s mother D, who are the spouse A and C, agreed on the division of the inherited property that the Defendant independently owned each of the instant real estate (hereinafter “instant agreement on division of the inherited property”).
(3) On October 4, 2012, the registration of ownership transfer was completed due to the inheritance due to the consultation division in the Defendant’s future on October 4, 2012, and the registration of ownership transfer was completed on the same day.
C. At the time of the agreement on the division of the inherited property of this case, A, while at the time of the agreement on the division of the inherited property of this case, was liable to the Plaintiff for the debt of the loan of this case against the Plaintiff, there was no particular active property other than shares
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 10 (including branch numbers, if any) and the purport of the whole pleadings
2. The agreement on the division of inherited property for the establishment of a fraudulent act shall continue to exist.