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1. It was concluded on July 25, 2013 with respect to 2/3 shares of each real estate listed in the separate sheet between the Defendant and B.
Reasons
1. Facts of recognition;
A. On March 25, 2009, the Plaintiff entered into a credit guarantee agreement (hereinafter “credit guarantee agreement”) with B as of March 24, 2014, setting the credit guarantee amount of KRW 85 million as the credit guarantee amount, as of March 24, 2014 (hereinafter “credit guarantee agreement”); ② as of April 19, 2010, the credit guarantee amount of KRW 85 million as of April 17, 2015, and as of April 17, 2015, respectively.
B. B received each loan of KRW 85 million based on the first credit guarantee agreement on March 25, 2009 and KRW 100 million based on the second credit guarantee agreement on April 19, 2010 from the National Bank (hereinafter “National Bank”).
C. As a credit guarantee accident that closes down the “C” place of business on September 10, 2013, the Plaintiff created a claim for indemnity by subrogation of KRW 39,514,489 on September 24, 2013 and KRW 14,318,210 under the first credit guarantee agreement, and KRW 39,514,489 under the second credit guarantee agreement (hereinafter “instant claim for indemnity”).
As a result, the Plaintiff filed a lawsuit against B, including the amount of indemnity, against Changwon District Court 2013Kadan81722, and received a ruling of recommending reconciliation from the said court that “B shall pay to the Plaintiff 53,866,402 won and 53,484,369 won per annum from September 24, 2013 to December 23, 2013, 12% per annum, and 20% per annum from the next day to the date of full payment,” and the said ruling of recommending reconciliation became final and conclusive as both parties accept it.
E. Meanwhile, on October 1, 2004, B reported a marriage with A, and on July 22, 2013, B filed a divorce and completed the registration of transfer of ownership on July 29, 2013, for each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) with the Defendant on the ground of the property division (hereinafter “property division”) located on July 25, 2013.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, Eul evidence No. 1-1, and the purport of the whole pleadings.