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1. The inherited property concluded on August 6, 2014 with respect to 2/9 shares of each real estate listed in the separate sheet between the defendant and B.
Reasons
1. Facts of recognition;
A. On June 24, 2009, the Plaintiff filed an application for payment order against B with Jeonju District Court Branch Branching 2009Ra673, the Plaintiff received an order to pay B, “B shall pay to the Plaintiff the amount of 1,900,158 won loans and the amount of 17% per annum from October 25, 2003 to August 6, 2009 and the amount of 20% per annum from the next day to the date of full payment.” The above payment order was finalized on August 21, 2009.
(b) Claim based on the above payment order (hereinafter “instant claim”). B.
C has completed the registration of ownership transfer on October 21, 1993, and completed the registration of ownership transfer on the real estate stated in Section 1 of the Attached List No. 1, and on December 14, 2001, on the real estate listed in Section 2 of the Attached List No. 2.
C. C died on August 6, 2014, and as inheritor, there are wife D and children, the Defendant E and B.
(Inheritance Shares are 3/9 and their children are 2/9, respectively).
On August 6, 2014, the above inheritors entered into an agreement on the division of inherited property (hereinafter “instant agreement on division”) with the purport that they own each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) by the Defendant, and the Defendant completed the registration of ownership transfer on August 6, 2014 with respect to each of the instant real estate by agreement and division.
E. B had no particular active property except 2/9 of the inheritance shares among each of the instant real property at the time of the instant split-off consultation, and there was no taxation details such as local taxes and national taxes, and there was a debt owed to the Plaintiff.
F. Meanwhile, on April 23, 2015, the registration for the change of ownership in the name D was completed on April 23, 2015 with respect to 3/9 shares in each of the instant real estate.
[Reasons for Recognition] A without dispute, entry of Gap evidence Nos. 1 through 23 (including branch numbers), response to an order to submit tax information by this court, the purport of the whole pleadings
2. Determination:
A. The Plaintiff established the preserved claim has the instant claim against B at the time of the instant division consultation.