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1. On March 24, 2013, the respective share of 2/7 of the real estate listed in the separate sheet between the Defendant and Nonparty B is limited to March 24, 2013.
Reasons
1. Facts of recognition;
A. On July 31, 2003, the non-party Samsung Card Co., Ltd. transferred the credit card price claim against the non-party B to the non-party limited company specializing in Amm-backed securitization, the non-party company specialized in Am-backed securitization to the Promotion Savings Bank Co., Ltd. on or around February 29, 2008, and the Promotion Savings Bank Co., Ltd. to the plaintiff on or around January 3, 2012, and the Promotion Savings Bank Co., Ltd. notified the transfer of the credit to B on or around March 29, 2012.
B. As of March 14, 2013, the Plaintiff filed a claim against B to the Seoul Western District Court for the amount of money transferred to him/her as of March 14, 2013, asserting that the principal amount of the bonds that he/she received as of March 14, 2013 was KRW 12,383,565, interest rate of KRW 33,365,975, total of KRW 46,749,540, and KRW 13,383,565, and KRW 13,383,565 from May 4, 2013 to the date of full payment, and the said payment order was finalized on May 21, 2013.
B. Meanwhile, upon the death of Nonparty C, the father of Nonparty B, around March 24, 2013, the Defendant, B, and D, the heir of the same day, agreed on the division of inherited property (hereinafter “instant real estate”) to have each real estate listed in the separate sheet (hereinafter “instant agreement on division of inherited property”) owned by the Defendant in consultation with respect to inherited property (hereinafter “instant agreement”).
Accordingly, the Defendant completed the registration of transfer of ownership in the name of the Defendant on April 19, 2013 as the receipt No. 23207 on April 19, 2013 due to the instant agreement on division of inherited property.
C. At the time of the instant agreement on the division of inherited property, B did not have any active property other than the inheritance shares of each of the instant real estate. Rather, the debt to the Plaintiff was equivalent to KRW 46,749,540, even if the debt to the Plaintiff was due.
[Grounds for Recognition: Facts without dispute, entries in Gap evidence 1 through 10, fact-finding results on the Minister of Land, Infrastructure and Transport, purport of all pleadings] 2.