beta
Text
1. It was concluded on August 6, 2015 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 [based on recognition: Each statement in Gap evidence (including each number), fact-finding inquiry reply to the macro-market in this court, and the purport of whole pleadings];
A. The Plaintiff’s claim against B (1) filed an application for payment order against B with the Seoul Central District Court 2008 tea57201 with respect to the acquisition of the claim against B from the National Bank, and on August 29, 2008, the Plaintiff received the payment order for KRW 7,890,715 with C, and KRW 2,189,120 with respect to KRW 2,120 with respect to the payment order, and the above payment order was served to B on September 5, 2008 and became final and conclusive on September 20, 208.
(2) As of August 15, 2016, B’s obligations against the Plaintiff remain at KRW 11,060,320 (= KRW 7,890,715) by aggregating the principal and damages for delay (= KRW 3,169,605).
B. Each real estate listed in the separate sheet (1) of the inherited property consultation division (hereinafter “each real estate of this case”) was owned by B’s father and the network D, the Defendant’s husband. As D died, the Defendant, the spouse, inherited each of 3/9 shares, E, F, and B’s shares, each of 2/9 shares.
(2) On August 24, 2015, the Defendant solely completed the registration of ownership transfer based on the agreement on division of inherited property as of August 6, 2015.
(hereinafter referred to as the “instant consultation division”)
C. The inheritance share of each of the instant real estate, which was insolvent, was owned by B with due diligence at the time of the instant consultation and division.
(1) At the time of the consultation and division of rights, each of the instant real estate, at the time of the consultation and division, was set as a collateral of 390,000,000 won with the maximum debt amount of the new agricultural cooperative. However, on February 25, 2016, the Defendant cancelled the said collateral on February 25, 2016, and completed the registration of establishment of a mortgage of 624,00,000 won with the joint collateral of each of the instant real estate under the name of the macrosisan Cooperative.
(2) Of the instant real estate, Paragraph (2) of this case is the real estate in 2015.