beta
Text
1.With respect to shares of 2/15 in the real estate listed in the separate sheet:
A. As between the Defendant and B, the Defendant and C, respectively.
Reasons
1. The following facts may be acknowledged in full view of the purport of the entire pleadings, either in dispute between the parties or in Gap evidence Nos. 1 to 9 (including each number, if any).
(1) On October 25, 2001, the Plaintiff’s claim 1) B against Samsung Card Co., Ltd. entered into an installment financing transaction agreement with Samsung Card Co., Ltd. and received loans, and C jointly and severally guaranteed the obligation to repay the principal and interest of loans on the same day. 2) Samsung Card Co., Ltd. transferred the above loan and interest of loans to Solomon Savings Bank on May 3, 2006 and notified B and C of the transfer of the above loan and interest of Samsung, and on April 26, 201, Solomon Savings Bank transferred the loan and interest of the Plaintiff to B and C, and then notified B and C of the transfer of the above loan.
3) The Plaintiff’s claim against B and C is KRW 65,398,642 in total as of February 12, 2016 (income + principal KRW 14,871,155 + interest KRW 50,184,061 + KRW 98,290 + actual expense + KRW 245,136). B. As to the real estate listed in the [Attachment 1] List (hereinafter “instant real estate”) as of March 23, 2007, the registration of ownership transfer was completed on March 22, 2007.
2) Upon D’s death, E (as a wife of D, inheritance shares are 3/15.
(B) Inheritance shares as children of F, G, H, C, B, and the Defendant (D) are 2/15, respectively.
(2) On March 20, 2015, the Defendant completed the registration of ownership transfer on October 23, 2014, based on inheritance by consultation and division (hereinafter “instant agreement on division of inherited property”) on March 20, 2015.
(C) At the time of the consultation on the division of the inherited property of this case as to whether the amount exceeds the obligation, ① the market price of KRW 6.8 million (=51 million x 2/15 of the instant real property) was 6.8 million, and there was no particular active property, other than the shares of KRW 2/15 of the instant real property, and the acquisition amount against the Plaintiff as a small property.