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1. It was concluded on March 9, 2018 with respect to shares of 2/9 of each of the real estate listed in the separate sheet between the Defendant and D.
Reasons
1. Facts of recognition;
A. On January 26, 2016, E loaned 48 months of the lending period, 33.9% per annum, and 34.9% per annum to D, and 8 million won per annum. D delayed repayment of interest on the said loan.
B. On March 21, 2017, Co., Ltd. transferred the above claim against D to the Plaintiff, and the Plaintiff notified D of the transfer of the above claim upon delegation from the Plaintiff Co., Ltd. on or around July 31, 2017.
C. On April 26, 2018, the Plaintiff filed a lawsuit against D with the Seoul Northern District Court No. 2018 Ghana3851, and rendered a favorable judgment against the Plaintiff that “D shall pay to the Plaintiff the amount calculated at the rate of 34.9% per annum for KRW 11,478,409 and KRW 7,908,405 among them, from July 6, 2017 to the date of full payment.”
Meanwhile, on June 21, 2010, F, the father of D, died on June 21, 2010, and D, G, and H, the wife of the deceased, became co-inheritors of the deceased.
E. Each of the real estate listed in the separate sheet (hereinafter “instant real estate”) with the deceased’s inherited property. On March 9, 2018, the co-inheritors of the deceased completed the registration of transfer of ownership in the name of the Defendant on March 12, 2018, as to each of the instant real estate on the ground of the instant agreement on division of inherited property, by the Defendant alone inherited each of the instant real estate and completed the agreement on division of inherited property (hereinafter “instant agreement on division of inherited property”).
F. At the time of the agreement on the division of the inherited property of this case, D did not have any property other than the inheritance shares (2/9 shares) of each of the instant real estate.
[Reasons for Recognition] Facts without dispute, Gap 1 through 3, and 5 through 8 (including each number), the order of submission of financial transaction information to the Korean Credit Information Institute, the result of the inquiry and reply to the National Court Administration Information Center of this Court, the whole purport of the arguments.
2. Determination:
(a)the establishment of the fraudulent act exceeds one existing obligation;