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1. It was concluded on February 10, 2017 between the Defendant and B regarding the real estate stated in the separate sheet.
Reasons
1. Facts of recognition;
A. On December 15, 2015, the Plaintiff filed a payment order with B, and received a payment order with the Seoul Southern District Court 2015da588185, stating that “B shall pay to the Plaintiff 15,686,269 won and 4,443,485 won with interest rate of 24% per annum from December 12, 2015 to the date of full payment,” and the said payment order was finalized around that time.
B. On February 10, 2017, the deceased Party C (hereinafter “the deceased”)’s wife as the heir under the agreement on division of inherited property (hereinafter “instant agreement”) jointly succeeded to the real estate listed in the attached list owned by the deceased (hereinafter “instant real estate”) on the following grounds: (a) on February 10, 2017, the Defendant jointly succeeded to 3/9 shares, D, E, B, and B; and (b) on February 10, 2017, the above co-inheritors entered into an agreement on division of inherited property (hereinafter “instant agreement on division”) with the content that the instant real estate was owned solely by the Defendant; and (c) upon the instant agreement on division, the registration of the ownership transfer was completed in the future by the Daegu District Court, Busan District Court No. 17329, Apr. 28, 2017.
C. At the time of the split-off consultation of the instant property status, B had no particular property other than 2/9 shares in the statutory inheritance regarding the instant real estate as active property, but had already exceeded obligations, such as the Plaintiff’s liability for the obligations under the above payment order.
On the other hand, with respect to the instant real estate at the time of the split-off consultation, the collateral security (hereinafter “mortgage 1”) of KRW 132,00,000, which was completed by the said registry office No. 6836, Dec. 30, 2014; and the said registry office No. 51904, Aug. 25, 2015, which was completed with the said registry office No. 51904, the Nonghyup Bank Co., Ltd., Ltd., the obligor, the E-debtor, the maximum debt amount of KRW 24,00,000 (hereinafter “instant two-mortgage”).