A. On November 28, 2008, the Plaintiff filed a lawsuit claiming reimbursement against B with the Jeju District Court 2008Gaso79404, and filed a lawsuit claiming reimbursement against B, and on November 28, 2008, “B” received a decision of performance recommendation with respect to KRW 7,468,760 and KRW 1,931,431 among the Plaintiff and its amount, with a rate of 19% per annum from November 1, 2008 to the full payment. The said decision was finalized on January 29, 2009.

As of March 27, 2017, the amount of the Plaintiff’s claim against B reaches KRW 10,554,340 in total as of March 27, 2017.

B. The mother of B, as his mother, owned each real estate listed in the separate sheet (hereinafter “instant real estate”) and died on November 12, 2013 with children B, D, E, and Defendant.

After that, on November 25, 2014, the above co-inheritors made a division by agreement among inherited property with the purport that the Defendant is a sole owner (hereinafter “instant division”). Accordingly, the Defendant completed the registration of ownership transfer as the receipt of No. 2832 on January 19, 2015 with respect to the instant real property by reason of inheritance by agreement division on June 15, 2013. < Amended by Act No. 11832, Jun. 15, 2013>

C. B did not have any property other than the share of 1/4 regarding the instant real estate in excess of the debt at the time of the instant consultation division.

Therefore, B, in excess of debt, is a fraudulent act that reduces the joint security of general creditors, including the Plaintiff, by waiving his/her right to share of shares in the agreement division of this case, and in such a case, the Defendant, who is a beneficiary, is presumed to be a beneficiary.

On the other hand, the defendant entered into a mortgage contract on April 29, 2015 with Korea-Seong Retail Financial Loan Co., Ltd. and completed the registration of establishment of a mortgage on April 29, 2015 with the Jeju District Court No. 25256.

E. Thus, the division of the instant consultation between the Defendant and B constitutes speculative acts, and thus constitutes the Defendant’s share of inheritance at the time of the closing of the instant argument.