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1. It was concluded on August 23, 2015 with respect to 2/7 shares of the real estate listed in the separate sheet between the Defendant and C.
Reasons
1. Basic facts
A. On May 13, 2005, the Plaintiff acquired a loan claim amounting to KRW 5,435,133 from the Korea Asset Management Corporation D and the Korea Asset Management Corporation in an amount of KRW 5,435,13 in total to C, and on June 16, 2005, issued a notice of credit transfer to C in accordance with Article 7(1) of the Asset-Backed Securitization Act.
3) On September 20, 2006, the Plaintiff filed a lawsuit against C for the claim for the takeover amount under the Daegu District Court Decision 2006Da343178, and the said lawsuit was initiated by service by public notice. On January 12, 2007, the said court rendered a judgment that “the Defendant shall pay to the Plaintiff 12,019,789 won and 5,435,133 won with interest of 17% per annum from April 1, 2005 to the date of full payment” (hereinafter “instant judgment”).
(4) As of June 8, 2017, the Plaintiff’s claim amount against C pursuant to the instant judgment was determined on February 15, 2007 (= Principal KRW 5,435,133 and KRW 17,802,172).
B. Division C, such as the conclusion of an agreement on the division of inherited property between C and the Defendant, died on August 23, 2015, and E was the inheritor and the Defendant, C and F. However, on August 23, 2015, C entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the content of transferring 2/7 of its statutory inheritance shares among the real estate listed in the separate sheet (hereinafter “instant real estate”). On September 8, 2015, the Defendant completed the registration of the transfer of ownership with the Daegu District Court’s registration office No. 214830 on the instant real estate as of September 8, 2015.
C. At the time of consultation on the division of the inherited property of this case, C, such as the financial resources of C and the market price of the real estate of this case, shall be the value equivalent to one’s statutory shares in inheritance.