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1. The Defendants and D’s share in 2/9 of each real estate listed in the separate sheet was concluded on October 11, 2016.
Reasons
1. Facts of recognition;
A. On September 28, 2007, the Plaintiff’s credit against D Co., Ltd. (1) (hereinafter “SB bank”) lent 50 million won to F on March 28, 2008 at a rate of 25% per annum of the lending deadline, and D jointly and severally guaranteed the above obligation amounting to KRW 70 million.
(2) The Korea Deposit Insurance Corporation in bankruptcy of the bankrupt bank filed a lawsuit against F’s heir G and D seeking the payment of the above loan (Seoul Central District Court 2010dan25177). On November 9, 2010, the above court rendered a judgment that “G shall pay to F the amount of KRW 72,601,636 and KRW 50 million a year from December 24, 2009 to the date of full payment, within the scope of property inherited from the network F, and D shall pay the said amount within the scope of KRW 70 million jointly with G, and D shall pay the said amount within the scope of KRW 70 million.” The above judgment became final and conclusive around that time.
(3) On October 22, 2015, the Korea Deposit Insurance Corporation of the bankrupt bank transferred the instant claim to the Plaintiff on October 22, 2015.
B. On October 11, 2016, while the agreement on the division of inherited property with respect to each of the instant real estate (hereinafter “each of the instant real estate”) was held, H died on October 1, 2016, and there was Defendant B (Inheritance Shares 3/9), Defendant C and D, and I (Inheritance Shares 2/9) who are the spouse of the heir.
(2) On October 11, 2016, H’s inheritors entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the Defendants to own one-half shares of each of the instant real property (hereinafter “instant agreement on the division of inherited property”). Accordingly, the Defendants completed the registration of ownership transfer on November 4, 2016 with respect to one-half shares of each of the instant real property based on an agreement division.
C. D Insolvent, at the time of the agreement on the division of inherited property of this case, shall be in addition to its own inheritance shares among each real estate of this case.