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1. As to each share of 2/11 of the real estate listed in the separate sheet between Defendant A, C, and D, concluded on August 22, 201.
Reasons
1. Facts of recognition;
A. The Industrial Bank of Korea, from February 12, 2010 to November 23, 2010, extended a total of KRW 600 million to E on several occasions under the joint and several guarantee of C and D.
Since then, when E did not repay the above loan, the above bank applied for an auction to exercise the security right against the secured real estate of the above loan as Changwon District Court Down Branch F, and on September 26, 2012, the dividend was completed and the amount of KRW 22,115,923 out of the loan principal and interest remains.
B. On May 30, 2012, the foregoing bank transferred the foregoing loan claims to ESP Specialized Company. On December 5, 2014, the foregoing limited company transferred the above loan claims to the Plaintiff. Each transferor notified the debtor corporation E of the transfer of claims at that time.
C. Meanwhile, the mother of C and D (hereinafter “the deceased”) died around August 201, 201, and the heir is four children including Defendant A, C, and D, the husband.
The deceased’s heir agreed on the division of inherited property (hereinafter “instant division agreement”) to be inherited solely by Defendant A with respect to each of the instant real estate listed in the separate sheet owned by the deceased (hereinafter “each of the instant real estate”). On November 7, 2011, Defendant A completed the registration of transfer of ownership based on inheritance due to division conducted on August 22, 201, and on April 10, 2015, Defendant B completed the registration of transfer of ownership based on sale on April 6, 2015 with respect to each of the instant real estate.
E. At the time of the division consultation of this case, C and D did not have any particular property, and C and D had the obligation to pay the transferred money with a small property, and C and D had not been in excess of the obligation.
F. As to each real estate of this case, the registration of creation of a mortgage consisting of the maximum debt amount of 130,000,000,000 won on November 14, 201, and the debtor A and the debtor of the right to collateral security, the registration was completed, and the above registration is the defendant.