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1. It was concluded on November 30, 201 with respect to 2/11 shares of each real estate listed in the separate sheet between the Defendant and B.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, and 3.
In around 198, the new and old-detailed corporation entered into a credit card member joining contract with a credit card company under the joint and several guarantee of B, but later, did not pay the credit card fee.
B. On September 5, 2012, the Plaintiff acquired the credit card user’s claim against B, filed a lawsuit against B, and rendered a judgment on September 5, 2012 that “B shall pay to the Plaintiff, jointly and severally with the Plaintiff, KRW 7,804,187, and KRW 6,93,00,000, as to KRW 8,896,997, and KRW 8,000,000 per annum from July 17, 2001 to the date of full payment.” The above judgment became final and conclusive on October 5, 2012.
C. Meanwhile, D, the father of B, died on October 9, 201, and accordingly, each of the real estate listed in the separate sheet (hereinafter “instant real estate”) as inherited property (hereinafter “instant real estate”) was inherited by the Defendant (the spouse’s share 3/11), and E, F, B, and G (each inheritance share 2/11).
However, on November 30, 201, B entered into an agreement on the division of inherited property (hereinafter “instant agreement on division of inherited property”) with the Defendant on November 30, 201 with respect to one’s own shares in inheritance 2/11 of the instant real estate, and accordingly, on December 13, 201, B completed the registration of ownership transfer on the part of the Defendant.
E. At the time of the instant agreement on the division of inherited property, B was in excess of debt, and as active property, 2/11 shares in inheritance of the instant real estate were due.
2. Determination:
A. The agreement on the division of inherited property shall be either solely inherited by each inheritor, with respect to the inherited property which was provisionally owned by co-inheritors upon the commencement of the inheritance.