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1.(a)
D and the Defendants signed on February 1, 2017 with respect to each share of 1/6 of the attached real estate.
Reasons
1. Facts of recognition;
A. The Plaintiff’s joint and several sureties claim 1) The Plaintiff incurred on May 30, 2014 to E Co., Ltd. (hereinafter “Nonindicted Company”).
(2) On December 5, 2017, 200, 350,000 won was extended to the non-party company on May 30, 2017 and interest 5.07%. D’s representative director of the non-party company jointly and severally guaranteed the non-party company’s debt amounting to KRW 57,750,000 on the same day. (2) When the non-party company delayed the repayment of the debt amount under the above paragraph (1), the Plaintiff filed an application with the non-party company for a payment order against the non-party company and D to seek payment of the loan amount, etc. under the Seoul Central District Court Decision 2017 tea9,92,043 won and the non-party company’s debt amounting to KRW 55,918,316 from November 8, 2017 to the date of repayment, the non-party company and D’s debt amounting to KRW 15% per annum from the payment order to the date of repayment.
(B) On March 16, 2016, the above payment order was issued, and confirmed as is March 22, 2018. (b) The real estate listed in the [Attachment 1] List (hereinafter “instant real estate”) between D and Defendants was owned by the networkF, and upon the death of F, the registration of ownership transfer was completed on March 16, 2016 by D, the heir, and the Defendants, based on inheritance by agreement division.
2) On February 1, 2017, D donated each of 1/6 shares of the instant real estate, which is the sole property of the instant real estate, to the Defendants. On the same day, D has completed the registration of transfer of shares based on donation to the Defendants (hereinafter “instant gift agreement”) (hereinafter “D and the Defendants”).
(C) At the time of entering into the instant gift agreement, D had no particular assets except for the 1/3 shares of the instant real estate, while D had incurred a debt due to the instant payment order against the Plaintiff, and had no dispute over the grounds for recognition.