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1. On April 21, 2015, the Defendant and Nonparty B concluded on April 21, 2015 with respect to 2/11 shares of the real estate listed in the separate sheet.
Reasons
1. Basic facts
A. On October 24, 2003, the Plaintiff acquired loans from ELD Investment Securities Co., Ltd. to B of the Industrial Bank of Korea, and credit card user fee bonds from ELD Card Co., Ltd. to B of the Industrial Bank of Korea. The payment order issued on February 24, 2007, stating that “B shall pay to the Plaintiff delay damages as of October 25, 2003, applying for payment order against B under Cheongju District Court Decision 2007 tea143, Cheongju District Court Decision 2007Da143, and filed for payment order against B.
B. Upon the Defendant’s death on April 21, 2015, the Defendant completed the registration of ownership transfer on June 26, 2015 due to inheritance by a division of agreement on April 21, 2015 (hereinafter “instant division”) with respect to the real estate listed in the separate list in the name (hereinafter “instant real estate”). The inheritance shares in B were 2/11 shares.
C. At the time of the instant consultation and division, B had been in excess of the obligation, and on April 23, 2014, prior to the transfer of ownership to the Defendant, a right to collateral security, which is the maximum debt amount of the Central Construction Materials in the name of the Defendant, was established as to the instant real estate. After the transfer of ownership to the Defendant, on January 20, 2017, a right to collateral security was established as to the instant real estate amounting to KRW 143,00,000 in the name of Ani Agricultural Cooperative.
The officially assessed individual land price of the instant real estate publicly announced on May 31, 2017 is KRW 55,400 per square meter, and the market price of the instant real estate is KRW 100,384,800 per square meter (=55,400 square meters x 1,812 square meters). The actual secured amount of the central construction material, a mortgagee of the instant real estate, is KRW 43,110,60.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 5, the purport of the whole pleadings
2. The assertion and judgment
A. A debtor who has already been in excess of his/her obligation to determine the cause of the claim is holding a divided agreement on the inherited property.