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1. On February 22, 2013, the Defendant and Nonparty B concluded on February 22, 2013 with respect to 1/5 shares of the real estate listed in the separate sheet.
Reasons
1. The following facts may be acknowledged in full view of Gap evidence Nos. 1, 2, and 4 through 7, and the purport of the entire pleadings as a result of an appraisal commission to a uniform appraisal corporation of the appraiser company of this court, and there is no counter-proof.
In accordance with the judgment of Suwon District Court No. 2008Gau80382, the Plaintiff has a claim against Nonparty B on “the acquisition amount of KRW 4,425,425 and the amount calculated at the rate of 17% per annum from October 25, 2003 to August 7, 2008, and 20% per annum from the next day to the date of full payment.” If the Plaintiff calculates damages for delay from October 25, 2003 to March 13, 2015, it exceeds KRW 8,593,767 claimed as damages for delay from the same day.
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, and the above C died in around 2013 and was inherited by the Defendant, the inheritor, and the above B and other inheritors, but did not complete inheritance registration. The inheritance shares in the above B were 1/5.
C. In addition, on February 22, 2013, the instant real estate was inherited by the Defendant solely, and the heir, including the Defendant and B, agreed on the division of inherited property (hereinafter “instant division agreement”), and completed the registration of ownership transfer on January 27, 2015 in the sole name of the Defendant as to the entire instant real estate.
However, regarding the instant real estate as of September 7, 2007, the establishment registration of a collateral (hereinafter “previous collateral”) consisting of the maximum debt amount of KRW 71,50,000,000 for the instant property, C, the debtor, and Korean bank for the mortgagee Co., Ltd. was completed. However, at the time of the division consultation, the actual secured debt amount of the previous collateral was KRW 49,796,270.
E. Around February 23, 2015, the registration of the previous right to collateral security is cancelled, and around March 10, 2015, the maximum debt amount of the instant real estate is KRW 96 million.