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1. The part against Defendant B among the judgment of the first instance is revoked, and the plaintiff falling under the revoked part is against Defendant B.
Reasons
1. Basic facts
A. (1) The Plaintiff’s claim against the Deceased was confirmed on November 3, 200 by filing a lawsuit against the Deceased (Seoul Central District Court Decision 2000DaDa141257) and the judgment was rendered in favor of the Deceased on the part of the Deceased, and for the interruption of prescription, the Plaintiff paid insurance money to the Insured if the Deceased did not perform his obligation against the Insured, and the Deceased concluded a small loan guarantee contract with the content that the Deceased would pay the Plaintiff in addition to damages for delay. (2) However, the Plaintiff who did not perform his obligation by the Deceased paid KRW 11 million to E Company. (Seoul Central District Court 200DaDa141257) and then filed a lawsuit against the Deceased for the claim for reimbursement (Seoul Central District Court 200DaDa141257). For the interruption of prescription, the deceased was paid to the Plaintiff at KRW 13,636,980 and KRW 11,000,000 from August 23, 1999 to full payment order (hereinafter.).
(hereinafter referred to as the “instant claim”) B through this process, the Plaintiff acquired the claim against the Deceased.
1) On September 1, 2014, F, the father of the deceased, died on September 1, 2014, and Defendant B (F’s wife), the deceased, and Defendant C (F’s wife) as co-inheritors, were owned by F on October 8, 2014, the first real estate listed in the attached Table No. 1 (hereinafter “instant first real estate”).
(B) Defendant B’s sole ownership, as indicated in the attached list No. 2 (hereinafter “instant Real Estate No. 2”), and “each of the instant Real Estate” in addition to the instant Real Estate No. 1.
(1) The agreement on the division of inherited property between the deceased and the defendant C to own one-half shares of the deceased (hereinafter “the first agreement”).
(2) On October 10, 2014, the deceased and the Defendants completed the registration of ownership transfer on the instant real estate No. 1 in the name of the deceased and the Defendant C jointly with respect to the instant real estate No. 2. 2) On July 10, 2015.