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1. The Defendant and Nonparty B concluded on October 28, 201 with respect to 2/11 shares of the real estate listed in the separate sheet.
Reasons
1. Facts of recognition;
A. On April 20, 2010, Nonparty B entered into a credit loan agreement with the E-S Savings Bank Co., Ltd. (hereinafter “E-S Savings Bank”), and took out a loan, but did not repay the loan, and was responsible for the debt to E-S Savings Bank. However, on May 16, 2012, the Plaintiff entered into an agreement on the transfer of the above claim with the E-S Savings Bank and received it, and notified the transfer to B by delegation from the E-S Savings Bank, the transferor, on June 27, 2012.
B. On October 28, 2014, the Plaintiff applied for a payment order against B with the Seoul Northern District Court 2014 tea33126, and the said court issued a payment order stating that “the Defendant shall pay to the Plaintiff an amount equivalent to 49% per annum from October 15, 2014 to the date of full payment, with the amount of KRW 14,183,657, and the amount of KRW 4,641,807, whichever is applicable, to the Plaintiff.” The said payment order was finalized on December 30, 2014.
C. The deceased on September 26, 2014, who is the father of B (hereinafter “the deceased”), died, and the deceased was the heir, who is the spouse, D, B, E, and F.
On October 28, 2014, the deceased’s inheritors entered into an agreement on the division of inherited property (hereinafter “instant agreement on division”) with respect to the real estate listed in the attached list owned by the deceased (hereinafter “instant real estate”). Accordingly, the Defendant completed the registration of ownership transfer regarding the instant real estate on October 29, 2014.
As to the instant real estate, the Daegu District Court received on November 24, 2009, the registration of creation of a mortgage, which was the maximum debt amount of KRW 32.5 million, the debtor, the deceased, the mortgagee, the mortgagee, and the mortgagee of the right to collateral security, and the registration of establishment of a collateral security, which was the maximum debt amount of KRW 10.4 million, the Daegu District Court received on February 22, 2010, and the registration of establishment of a collateral security, which was the debtor, the deceased, and the mortgagee of the right to collateral security, was completed, respectively.