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1.The judgment of the first instance shall be modified as follows:
2. 2. Of the real estate listed in the separate sheet between the defendant and C.
Reasons
1. Facts of recognition;
A. The Plaintiff’s claim 1) C entered into a loan agreement with D Co., Ltd. on June 23, 2015 with a fixed term of 36 months and annual interest rate of 25%, and received a loan of 2,56,000 won. 2) The Plaintiff acquired the above loan claim from D Co., Ltd. on November 21, 2017, and sent the notice of transfer to C by content-certified mail on February 5, 2018.
3) The Plaintiff filed a claim against C in Seoul Central District Court Decision 2018 Ghana54700, and on June 1, 2018, the Plaintiff rendered a judgment that “C shall pay to the Plaintiff 2,814,630 won and 2,201,00 won among them at the rate of 15% per annum from May 17, 2018 to the date of complete payment.” On June 27, 2018, the Plaintiff’s amount of the principal and interest of the Plaintiff’s claim against C pursuant to the said final judgment is KRW 2,87,946 as of July 25, 2018.
B. Upon the death of the Defendant and C’s division consultation C’s father, the Defendant, as co-inheritors of the deceased, agreed on the division of inherited property (hereinafter “instant agreement on division of inherited property”). On October 21, 2017, both the real estate recorded in the attached list, which was owned by the deceased, as the wife of the deceased, and his children, and the Defendant, as co-inheritors, agreed on the division of inherited property (hereinafter “instant agreement on division of inherited property”). Accordingly, the Defendant completed the registration of ownership transfer on the real estate listed in the attached list on April 19, 2017 due to inheritance by agreement and division as of October 21, 2017.
C. On January 9, 2014, the joint collateral security was established, which is the debtor, the deceased, and the first association of the mortgagee, on the real estate indicated in the attached list (1) before and after the consultation on the division of inherited property. (2) The defendant paid 4,125,950 won for the secured debt under the above joint collateral security (2) up to now, and cancelled the above joint collateral security.
3) Meanwhile, at the time of the instant agreement on division of inherited property, C did not have any particular property except for the inheritance shares (2/7) with respect to the real estate listed in the separate sheet at the time of the instant agreement on division of inherited property.