On September 16, 2015, the Plaintiff’s claim against B was ordered to pay the amount of KRW 142,877,885 as Busan District Court’s Dong Branch Branch of Busan District Court (“B”) and KRW 48,372,534 as to KRW 12% per annum from September 1, 2015 to the date of full payment.” The above payment order was finalized on October 7, 2015.

On January 3, 2017, the above co-inheritors entered into an agreement on division of inherited property (hereinafter “instant agreement on division”) with the content that he/she shall own the instant real estate as the Defendant’s sole ownership on January 3, 2017, and following the instant agreement on division of inherited property (hereinafter “instant agreement on division”), the deceased deceased as the father of B of the agreement on division of inherited property, D (Inheritance 3/11), who is the spouse, and the Defendant, B, E, and F (Inheritance 2/11), who is the child, jointly inherited each of the real estate listed in the separate sheet (hereinafter “instant real estate”). Upon the instant agreement on division, the registration on transfer of ownership was completed as of April 6, 2017 by the Daegu District Court Branch of the Daegu District Court.

At the time of the split-off consultation of B’s property status, B had no particular property other than the shares of 2/11, the statutory inheritance of the instant real estate as active property, but had already exceeded obligations, such as the Plaintiff’s obligation upon the above payment order.

[Ground of recognition] In light of the fact that there is no dispute, Gap's evidence Nos. 1 through 3, Eul's evidence Nos. 1 through 3 (including numbers), and the fact that the court held the whole purport of the pleading as to the preserved claim, the plaintiff has a claim against Eul under the above payment order at the time of the division consultation of this case. Thus, there is a preserved claim.

The agreement on the division of the inherited property established by a fraudulent act shall be made with respect to the inherited property which was provisionally owned by co-inheritors after the commencement of inheritance, by either having all or part of such inherited property individually owned by each inheritor or implementing it as a new co-ownership.