A. On August 1, 2006, the Plaintiff issued a payment order against Nonparty B to the effect that “B shall pay to the Plaintiff the amount of KRW 22,387,963 as well as KRW 14,526,967 per annum from July 23, 2006 to the date of complete payment,” and that “B shall pay to the Plaintiff the amount of KRW 17% per annum from July 23, 2006 to the date of full payment.” The above order was finalized on August 29, 2006.

The deceased C (hereinafter referred to as the “Death”) died on January 5, 2014. The deceased’s heir was six children, including the Defendant and B, who are the spouse, and the property left by the deceased was the only real estate indicated in the attached Form (hereinafter referred to as the “real estate”). The Defendant’s share of inheritance is 3/15, and the inheritance of four children, including B, is 2/15, respectively.

E. On January 5, 2014, the Defendant, the inheritor, and his children, including the Defendant and B, succeeded to the instant real estate inherited from the Deceased, and the Defendant entered into an agreement on the division of inherited property (hereinafter “instant agreement on division”). At the time, B was insolvent.

F. On February 4, 2014, the Defendant completed the registration of ownership transfer based on inheritance based on the above subdivision agreement.

[Reasons for Recognition] In the absence of dispute, entry of Gap 1, 2, Eul 1-1, Eul 3, and the purport of the whole pleadings

2. Determination as to the establishment of fraudulent act

A. The agreement on the division of the inherited property established by a fraudulent act is to confirm the reversion of the inherited property by either having all or part of the inherited property provisionally owned by the co-inheritors upon commencement of inheritance as a single ownership by each inheritor, or by performing it as a new co-ownership relationship, and therefore, it is a juristic act the object of which is property right by its nature, and thus can be the exercise of the right

(See Supreme Court Decision 200Da51797, Feb. 9, 2001). B, while holding the instant partition agreement in excess of the debt, is about one’s own inheritance shares (2/15) among the real estate in this case.