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1. As to the shares of 2/15 out of the 1 and 2 real estate listed in the separate sheet between the defendant and C, the agreement is concluded on February 23, 2015.
Reasons
1. Facts of recognition;
A. On May 28, 2014, the Plaintiff filed a lawsuit against C and B, and rendered a judgment that “the Defendant jointly and severally pays to the Plaintiff the amount of KRW 90,960,878 and the amount of KRW 15% per annum from June 1, 2012 to November 30, 2012; 12% per annum from the next day to March 18, 2014; and 20% per annum from the next day to the date of full payment” (Seoul Central District Court Decision 2014Da5037616). The above judgment became final and conclusive on June 20, 2014.
B. As of October 22, 2018, the Plaintiff’s claim for indemnity against C reaches KRW 158,710,782 in total, the principal and interest.
C. D, as the partner of C, owned each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) and died on February 23, 2014.
The heir of the network D has C, E, F, G, H, and I, a spouse, and their children. D.
On February 23, 2014, the deceased D’s co-inheritors held an agreement on the division of the inherited property (hereinafter “agreement on the division of the inherited property of this case”) with respect to each of the instant real property on February 23, 2015 with respect to the 1, 2, listed in the separate sheet, and 3, and 4, on February 23, 2014 with respect to each of the instant real property, and accordingly, on April 3, 2015 for the said 1, 2, and 3, and 4, each registration of the transfer of ownership was completed under the name of the Defendant on July 31, 2015.
E. On November 30, 2017, the 4 real estate listed in the separate list among the instant real estate was sold to J in KRW 71,412,50 (i.e., KRW 142,825,000 x 1/2) (i.e., KRW 142,825,00) (i.e., KRW 142,825,00). The said 4 real estate was sold to the Defendant in relation to the land where 24 pro-friendly relatives of the network D jointly purchased in bulk, unlike the shares in the registration, the Defendant was distributed KRW 7,90,500 equivalent to the shares of the deceased in the above purchase price.
(In practice, the Defendant was paid KRW 7,679,040 after deducting the transfer tax and commission KRW 259,740, and height fee KRW 51,720). At the time of the consultation on the division of the inherited property of this case, C shall be deemed to have been paid.