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1. On August 26, 2015, the Defendant and B concluded on March 10, 1995 regarding shares of 1/5 of the real estate listed in the separate sheet.
Reasons
1. Facts of recognition;
A. On September 28, 2001, the Plaintiff filed a claim for reimbursement against B, etc. for the amount of subrogation under a credit guarantee contract with B and for the payment of damages for delay, and was sentenced to a favorable judgment (this Court Decision 2001No18369) by this Court. The above judgment became final and conclusive around that time.
B. On October 5, 2012, the Plaintiff filed a lawsuit again against B, etc. to extend the extinctive prescription, and received from this court the full favorable judgment (this court shall order 101,809,513 won and 368,935 won among them) that “B shall pay 18% interest per annum from February 21, 200 to May 31, 2005; 15% per annum from the following day to June 1, 2012; and 20% interest per annum from the next day to the day of full payment (this court shall order 201Da27331). The above judgment became final and conclusive around that time.
C. Meanwhile, as the mother C died on March 10, 1995, B inherited 1/5 of the real estate listed in the separate sheet owned by the deceased C (hereinafter “instant real estate”) jointly with the Defendant, D, E, and F, who is his sibling.
B, D, E, F, and the Defendant entered into an agreement on division of inherited property (hereinafter “instant agreement on division”) with the purport that the Defendant independently owns the instant real estate inherited from the deceased C around August 26, 2015, and the Defendant completed the registration of ownership transfer on the same day by agreement and division as to the instant real estate on March 10, 1995.
E. On August 17, 2015, the Defendant concluded a contract to sell the instant real estate in KRW 40,000,000 with G, and completed the registration of ownership transfer under G name on August 26, 2015.
F. Meanwhile, at the time of the instant agreement agreement, the active property B was owned by the deceased C, and the inheritance shares inherited due to the death of the deceased C among the real estate in the instant case and the 282 square meters in North-gu, Northern-gu, and the I large scale 25 square meters in the port.