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1. The inherited property concluded on October 25, 2016 with respect to 1/5 shares of each real estate listed in the separate sheet between the defendant and C.
Reasons
1. Facts of recognition;
A. The Plaintiff’s claim against C applied for a payment order (Seoul Central District Court 2016 tea274261) against C, and “C shall pay to the Plaintiff 8,123,081 won and 3,820,582 won with 17% interest per annum from July 28, 2016 to the date of full payment (hereinafter “instant payment order”) was issued on August 4, 2016, and the said payment order was finalized on February 23, 2017.
B. Division consultation1 on the real estate listed in the separate sheet (hereinafter “instant real estate”) ) network D (Death on October 25, 2016, and hereinafter “the deceased”).
(2) On October 25, 2016, the deceased’s heir, including C, Defendant E, F, and G, died while owning the instant real estate. On October 25, 2016, the deceased’s heir entered into an agreement on the division of inherited property (hereinafter “instant agreement on division”). Accordingly, on December 1, 2016, the registration for the transfer of ownership in the name of the Defendant was completed under the status of Suwon District Court’s receipt No. 32406, Dec. 1, 2016.
C. At the time of the division consultation regarding the right to the instant real estate, no collateral security or other limited real rights have been established on the instant real estate at the time of the division consultation, and on January 20, 2017, after the division consultation of the instant real estate, “debtor: Defendant: the maximum debt amount: KRW 120,000,000; and the mortgagee’s right to collateral security, which is the H cooperative, was established.
C’s property status, and at the time of the instant partition consultation, C did not own any property except for the inheritance shares on the instant real estate.
E. On January 26, 2018, after the Plaintiff’s lawsuit was filed, the Plaintiff’s succeeding intervenor succeeded to the instant lawsuit. On January 26, 2018, the Plaintiff received a claim under the instant payment order from the Plaintiff, and succeeded to the instant lawsuit.
[Ground of recognition] The absence of dispute, the entry of Gap 1 to 4, and the fact inquiry results with respect to the Minister of Court Administration of this Court.