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1. As to shares 2/22 of the real estate listed in the separate sheet:
A. It was concluded on October 9, 2012 between the Defendant and B.
Reasons
1. Facts of recognition;
A. On August 13, 2013, the Plaintiff acquired each credit card user’s claim for the credit card user’s credit card transaction amount against B by the Seoul Western District Court Decision 2013Da316682, the Plaintiff filed a lawsuit against B, and sentenced B to the judgment that “B shall pay to the Plaintiff 25,463,601 won and 7,592,761 won among them at the rate of 20% per annum from November 2, 2012 to the date of full payment.” The above judgment became final and conclusive around that time.
B. Meanwhile, following the agreement on the division of inherited property as of January 30, 201, B concluded a mortgage agreement with the Defendant on August 22, 2012 with respect to 2/22 shares out of C’s 1/2 shares in the real estate listed in the separate sheet (hereinafter “each of the instant real estate”). On October 9, 2012, B concluded a mortgage agreement with respect to each of the instant shares out of each of the instant real estate on October 9, 2012 (hereinafter “instant mortgage agreement”). On October 11, 2012, B concluded a mortgage agreement with the Defendant on each of the instant shares out of the instant real estate, as the receipt of the maximum debt amount as of October 11, 2012 as of October 11, 2012, B completed the registration of the establishment of a mortgage under the Defendant’s name (hereinafter “instant mortgage creation”).
C. However, at the time of entering into the instant mortgage contract, B’s aggregate amount of active property is 16,272,727 won (i.e., KRW 179,00,000 equivalent to the market price of each of the instant real estate x KRW 2/22 x less than KRW 150,463,601 (i.e., KRW 25,463,601 (ii) the amount of debts against the Plaintiff 25,463,601 (i) the amount of debts against the Defendant 125,00,000) and B was the only real estate of each of the instant real estate.
[Ground of recognition] A without dispute, Gap evidence 1-2, Gap evidence 2-1-5, Gap evidence 3-1-5, Gap evidence 4, Gap evidence 5-1, 2, Gap evidence 6-9, Eul evidence 1-1, and the result of the response to the order to submit tax information by this court,