A. On March 8, 2013, the Plaintiff filed an application with the Seoul Western District Court for a payment order as Seoul Western District Court 2013 tea 11949 with respect to B, who is the Defendant’s birth, and the said court issued a payment order as follows. The said payment order was finalized on April 5, 2013.

B shall pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from March 22, 2013 to the day of full payment with respect to KRW 49,023,309 and KRW 13,036,280, out of the above amounts.

B. On December 10, 1997, the registration of ownership transfer was completed on December 1, 1997 on the real estate listed in the separate sheet (hereinafter “instant real estate”).

C died on August 17, 2013, and on the same day, the Defendant, B, D, E, and F, a child of C, jointly inherited the instant real estate of C.

On October 10, 2013, on the instant real estate, the registration of transfer of ownership was completed on August 17, 2013 on the ground of the agreement on division of inherited property (the agreement on division between the Defendant and B on the share inherited by B among the instant real estate) on August 17, 2013.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 4, the purport of the whole pleadings

2. Determination

A. The fact that B was in excess of the debt at the time of the division consultation in this case’s insolvent is not clearly disputed by the Defendant, and thus, it is deemed that the Defendant led to confession.

B. The agreement on the division of inherited property of the legal doctrine on fraudulent act and one intention for piracy is a legal act that establishes the reversion of inherited property by either having all or part of the inherited property provisionally owned by each inheritor as a sole ownership or having it executed as a new co-ownership relationship among co-inheritors upon commencement of inheritance, and thus becomes subject to the exercise of the right to revoke fraudulent act, in view of its nature.

The debtor in excess of his/her obligation, upon consultation on the division of the inherited property, shall be inherited property.