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1. It was concluded on November 22, 2012 with respect to 2/9 shares in each real estate listed in the separate sheet between B and the Defendant.
Reasons
1. The fact-finding 【Evidence】1-1, 2, A2 through A5, 2-1, 2-2, 3-1, 2-2, and 3-1, 3-2, and the fact-finding results and the purport of the whole pleadings;
A. The Plaintiff’s claim for indemnity against B includes 36,13,933 won and 35,950,903 won and 17% per annum from February 22, 1995 to January 31, 1998; 25% per annum from the next day to August 31, 1998; 20% per annum from the next day to December 31, 1998; 18% per annum from the next day to February 28, 200; 25% per annum from the next day to August 13, 2010; and 20% per annum from the next day to the date of full payment.
(C) The District Court 2010Kadan27416). (b)
On March 5, 2008, C, the father of B and the Defendant, died on March 5, 2008, B, on November 22, 2012, 2012, on the inheritance share 2/9 shares in the real estate listed in the separate sheet (hereinafter “instant real estate”), registered the transfer of ownership in the name of the Defendant with respect to 2/9 shares in the instant real estate under the title of the Defendant, his mother, who was his mother, entered in the separate sheet (hereinafter “instant real estate”). Based on this, the Daejeon District Court’s subdivision support, etc. was 37844.
C. Insolvent B does not have any property other than the shares inherited from C.
(1) The market price of the instant real estate is KRW 66 million at the time of closing the argument of the instant real estate.
(2) On December 18, 2012, the obligor of the right to collateral security was changed to the Defendant on December 18, 2012, following the consultation on the division of inherited property with the maximum debt amount of the instant real estate amount of KRW 42 million.
At the time of consultation on the division of inherited property, the secured debt of the above right to collateral security is KRW 35 million.
(3) Around 2013, the Defendant repaid 34,964,020 won, including the remaining principal and delay damages for KRW 4,183,462, and the remaining principal and delay damages for KRW 29 million as to KRW 30,780,558, as well as the remaining principal and delay damages for KRW 30,780,00.
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