A. It was concluded on August 29, 2017 between the Defendant and B.

A. On August 31, 2016, the Plaintiff filed an application for payment order with the Seoul Central District Court 2016 tea 44423 with respect to the claim against Nonparty B for the claim against Nonparty B, and on September 20, 2016, upon receiving the payment order order order to the effect that “B shall pay to the Plaintiff KRW 10,203,448 and KRW 3,000,000 per annum from September 23, 2006 to the date of full payment, and shall pay KRW 31,100,00 for the expenses for demand procedure.”

B. On the other hand, Nonparty C (hereinafter “the deceased”) died on August 29, 2017, and accordingly, the Defendant, who is the spouse, jointly inherited the deceased’s property at the ratio of 3/9, B, D, and E, 2/9, respectively.

C. On August 29, 2017, the co-inheritors of the deceased made an agreement on the division of inherited property (hereinafter “instant agreement on division”) with the content that the real estate as indicated in the separate sheet owned by the deceased (hereinafter “instant real estate”) was owned by the Defendant’s spouse, the deceased’s spouse. Accordingly, the Defendant completed the registration of the transfer of ownership as indicated in the order on November 13, 2017.

B At the time of the split-off consultation, there was no particular active property except for the inheritance shares in the instant real estate.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, Eul evidence 2, 3-1, the purport of whole pleadings]

2. Determination

A. According to the above facts as to the preserved claim, the plaintiff had a claim for the amount of money transferred according to the payment order finalized against B at the time of the division agreement of this case. Thus, the above claim is a preserved claim for the revocation of fraudulent act.

B. The act that one debtor sells real estate, which is the only property of his own, to change it into money which is easily consumed or to transfer it to another person without compensation, becomes a fraudulent act against the creditor, barring any special circumstance.