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1. As of January 16, 2014 with respect to 2/7 shares in the real estate listed in the separate sheet between the defendant and D (E).
Reasons
1. Facts of recognition;
A. On June 14, 2007, F Co., Ltd. (hereinafter “F”) filed a lawsuit against D with the Defendant for a loan claim with the Busan District Court Decision 2007Da50762, and sentenced D to the judgment of June 14, 2007, “D shall pay to Nonparty Bank 10,041,544 won and 2,000,000 won with the interest of 48% per annum from January 10, 2007 to the date of full payment.” The above judgment became final and conclusive on July 10, 207.
B. On December 30, 2011, the non-party bank transferred claims based on the judgment stated in paragraph (1) to G Co., Ltd. (hereinafter “non-party loan company”), and on May 27, 2016, the non-party bank and the non-party loan company notified each D of the transfer around the transfer of claims in 2011 and around June 3, 2016.
C. The real estate indicated in the attached list (hereinafter “instant real estate”) is originally owned by the Defendant’s husband H. H died on January 16, 2014, and H’s heir as the Defendant and his/her child, D and I.
The deceased H’s successors, on January 16, 2014, agreed on the division of inherited property to be owned by the Defendant (hereinafter “instant agreement on division of inherited property”) and completed the registration of transfer of ownership on May 20, 2014, which was received on May 20, 2014 under the name of the Defendant’s Busan District Court for the reason of inheritance through the agreement on division of inherited property.
E. D At the time of the agreement on the division of the inherited property of this case, there was no particular active property other than the inheritance shares on the real property of this case.
[Ground of recognition] A without dispute, entry of Gap evidence Nos. 3-1, 3-3, and 4 through 9, results of reply to the order of submission of taxation information to the head of the Gold District Tax Office, results of fact inquiry and reply to the head of the Gold District Tax Office, the purport of the whole pleadings
2. On whether there exists a benefit to protect the rights of the suit of this case ex officio, it shall be considered.
J Limited Company’s agreement on the division of inherited property on January 16, 2014 against Defendant C on this case’s real estate is a fraudulent act.