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1. It was concluded on September 28, 2016 between the Defendant and B regarding the real estate stated in the separate sheet.
Reasons
1. Facts of recognition;
A. On May 20, 2009, the Plaintiff received the claim for the principal and interest of loan against B from the Korea CTR Capital Co., Ltd., and filed a lawsuit against B on March 22, 2017 with the Seoul Central District Court (2016Gaso701345) and rendered a judgment on March 22, 2017 that “B shall pay to the Plaintiff 16,81,208 won and 4,406,27 won with 15% interest per annum from March 12, 2017 to the day of complete payment,” and the said judgment became final and conclusive on April 19, 2017.
B. On September 28, 2016, as C (hereinafter “the deceased”) owned each real estate listed in the separate sheet (hereinafter “the instant real estate”) died, the Defendant (the deceased 3/11), who is the wife of the deceased, D, E, F, and Defendant (the shares in inheritance 2/11), entered into an agreement on the division of inherited property (the “instant agreement”) with the content that the instant real estate reverts to the Defendant, and accordingly, completed the registration of ownership transfer in the Defendant’s future on March 30, 2017 on the ground of the instant agreement on division.
C. On August 20, 1996, the right to collateral security (hereinafter “the right to collateral security”) was established, which is a debtor, the deceased, and a person holding the right to collateral security (hereinafter “the right to collateral security”) on the instant real estate. On May 29, 2006, the right to collateral security (hereinafter “the right to collateral security”) was established, which is a maximum debt amount of KRW 14 million, the debtor, C, and a person holding the right to collateral security (hereinafter “the right to collateral security”), but the right to collateral security (hereinafter “the right to collateral security”) was also cancelled immediately after the registration of ownership transfer arising from the agreement to collateral security.
At the time of the closing of argument in the instant real estate, the market price is KRW 60,30,000,000, and at the time of the conclusion of the instant agreement on division, the amount of the secured debt of the first collateral security right is KRW 2059,872 and KRW 10,000,000,000
E. B, at the time of the instant consultation and division agreement, particular, except for the inheritance shares in the instant real estate.