A contract is concluded between the defendant and B (C) with respect to the share of 2/11 of the real estate recorded in the list.

A. On April 21, 2017, the Plaintiff filed a lawsuit against B and D with the Seoul Western District Court No. 2017, 29791, and filed a lawsuit for the claim for reimbursement against the said court. The Defendants jointly and severally filed a judgment in favor of the Plaintiff on April 21, 2017, “The Defendants shall jointly and severally pay to the Plaintiff 10% interest per annum from October 27, 2016 to May 3, 2017, and 15% interest per annum from the next day to the date of complete payment.” The said payment order was finalized on May 18, 2017.

(b) the Defendant, his wife, and his children, F, G, and H were co-inheritors due to the death of E;

(c)

On February 22, 2017, the Defendant and his children B, F, G, and H agreed on the division of inherited property (hereinafter “instant agreement on division of inherited property”) with the purport to own the real estate listed in the separate sheet (hereinafter “instant real estate”) as owned by the network E, and accordingly, on August 28, 2017, the ownership of the instant real estate was transferred on February 22, 2017 to the Defendant on the ground of inheritance by agreement division.

(d)

At the time of consultation on division of the inherited property of this case, there was no particular property other than the inherited property of the deceased.

[Grounds for recognition] The non-contentious facts, Gap 1 through 5's statements (including each number; hereinafter the same shall apply), the head of Geumcheon-gu of this court, the head of Geumcheon-gu of this court, the result of the response to the submission of financial transaction information to I agencies, the whole purport of the arguments, as a whole.

2. Determination

A. According to the facts found in the above Paragraph 1, the Plaintiff’s claim for indemnity against B was established before the agreement on division of the inherited property of this case, and thus, the obligee becomes the preserved claim.

B. The agreement on the division of property under private and private will 1) shall be either wholly or partially owned by each heir with respect to any inherited property for which inheritance commences and which has become a provisional co-ownership between the co-inheritors.