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1. It was concluded on January 13, 2016 on shares of 2/11 of the real estate listed in the separate sheet between the Defendant and B.
Reasons
1. The following facts may be acknowledged in light of Gap evidence Nos. 1 to 3, Gap evidence Nos. 4-1 to 3, Gap evidence No. 5, Eul evidence No. 6, and Eul evidence No. 2-2, and there are no counter-proofs.
With respect to Nonparty B, the Plaintiff has a claim on “13,346,918 won and the amount calculated by applying each ratio of 17% per annum from October 25, 2003 to April 15, 2006, 20% per annum from the next day to September 30, 2015, and 15% per annum from the next day to the day of full payment” under the payment order finalized by the Suwon District Court No. 2016.1164.
B. The real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by Nonparty B and Nonparty C, the father of the Defendant. On January 13, 2016, the above C died on January 13, 2016 and succeeded to Nonparty D, the wife of Nonparty D, the Defendant, and the above B, E, and the previous surname were inherited. The inheritance shares of the above B were 2/11.
C. On January 13, 2016, the Defendant, the aforementioned B, and other inheritors inherited the instant real estate solely by the Defendant, and agreed on the division of inherited property (hereinafter “instant division agreement”). On April 8, 2016, the Defendant completed the registration of ownership transfer in the name of the Defendant solely with respect to the entire instant real estate.
However, with respect to the instant real estate as of August 8, 2007, the “mortgage” is deemed as the “mortgage” of this case, which is the 36 million won maximum debt amount, C, the debtor, and C, the collateral security company, the Korea Standards for the Establishment of Mortgage (hereinafter referred to as the “mortgage”).
A. At the time of the split-off consultation, the actual amount of the secured debt of the instant right to collateral security was KRW 19,69,367.
E. The Defendant repaid KRW 19,69,367 of the principal and interest of the secured debt amount of the instant mortgage, and accordingly, on May 2, 2016, the registration of the instant collateral security was revoked.
F. The market price of the instant real estate at the time of the division consultation and the time of the closing of the argument in the instant case is KRW 87 million.