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1. The Defendants and C are 2/15.00 square meters of the 1,491 square meters in Seosan City D, and the above ground wooden machine and roof 72.73 square meters in a single-story house between the Defendants and C.
Reasons
1. Facts of recognition;
A. A. Around April 1, 2007, the Plaintiff concluded a credit card credit insurance contract with the Korea CTR Bank Co., Ltd. (hereinafter “SP”) and the policyholder and the insured Nonparty bank, primary debtor C, primary debtor C, 24,790,680 won, and the insurance period from April 1, 2007 to March 31, 2008.
B. Around April 2, 2007, C used a credit card after having subscribed as a credit card holder of the non-party bank, but did not pay the card price. Accordingly, upon the non-party bank’s claim for the payment of insurance money under the above insurance contract, the Plaintiff paid the insurance money to the non-party bank KRW 21,33,815 (= Principal KRW 18,591,576 overdue interest amounting to KRW 2,742,239) on March 27, 2013.
C. On December 3, 2015, the Plaintiff filed a lawsuit seeking reimbursement against C (Seoul Central District Court 2015da105108) and rendered a judgment that “C shall pay to the Plaintiff 21,33,815 won and 18,591,576 won among them, 6% per annum from March 28, 2013 to October 21, 2015, and 15% per annum from the next day to the date of full payment.” The above judgment became final and conclusive on December 23, 2015.
On February 17, 2004, E succeeded to the property of its wife F (3/15 shares in inheritance), C, G, H, I, and Defendants (2/15 shares in inheritance). With respect to the instant land and building, which are the net E’s inherited property, the registration of ownership transfer was completed on September 30, 2013 due to inheritance due to the agreement division made on February 17, 2004, and Defendant B completed the registration of ownership transfer with respect to the instant land and building on March 31, 2016 to Defendant A on March 30, 2016.
E. C is insolvent.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2 and 3 respectively, Gap evidence 1, 2, Eul evidence 1 and 9, the purport of the whole pleadings
2. Determination as to the defendants' defense prior to the merits
A. The Defendants, including the Defendants’ defense prior to the merits and C, are the land and buildings of this case.