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1. It was concluded on May 19, 2015 with regard to the real estate stated in the separate sheet between the Defendant and B.
Reasons
1. The following facts can be acknowledged in light of the following facts: there is no dispute between the parties; there is evidence Nos. 1 to 10; and the purport of the whole pleadings as a result of the fact inquiry into the inside-dong market by this court:
The Plaintiff filed an application with the Incheon District Court for a payment order seeking the payment of the above amount of money to B by acquiring a loan claim and credit card payment claim against B from 1, KB-dong 1, and 2. On December 26, 2007, the court issued a payment order with the content that “B shall pay to the Plaintiff 12,270,850 won and 6,287,063 won with the rate of 17% per annum from November 23, 2007 to the date of full payment,” and the above payment order became final and conclusive as is.
B. The deceased, the father of B, owned the real estate listed in the separate sheet (hereinafter “instant real estate”). As the deceased on March 3, 2015, the deceased, the Defendant (the wife, the inheritance shares 3/9), B, D, and E (the children, and the inheritance shares 2/9), who is his heir, made an agreement on the division of inherited property with the effect that the instant real estate should be owned solely by the Defendant on May 19, 2015 (hereinafter “instant agreement on division”). Accordingly, on May 19, 2015, the Plaintiff completed the registration of ownership transfer on the instant real estate in the Defendant’s future.
C. As a result of the division consultation of this case, B had a status of exceeding the obligation exceeding the positive property.
(B) there is no particular positive property. 2. Determination
A. As seen earlier, the existence of the Plaintiff’s preserved claim is recognized, since the Plaintiff’s claim against B was created prior to the instant partition consultation.
B. The agreement on division of one inherited property with respect to fraudulent act and intent to commit suicide shall be based on the commencement of inheritance and by performing all or part of the inherited property provisionally owned by co-inheritors as sole ownership of each inheritor, or as a new co-ownership relationship.