A. On June 18, 2012, the Plaintiff filed an order for payment with Nonparty C as Busan District Court Branch Branch 2012 tea 2124, and issued a payment order to the Plaintiff on June 18, 2012, “C shall pay to the Plaintiff 2,627,603 won and 2,500,000 won, an amount calculated by the rate of 29% per annum from August 19, 2001 to the date of complete payment,” and the above payment order was finalized on July 5, 2012.

B. The real estate listed in the separate sheet (hereinafter “the instant real estate”) was owned by C’s mother D (hereinafter “the Deceased”). On July 19, 2019, the Deceased died, and the Defendant, who is the deceased’s children, and the said C, E, and F jointly succeeded to the deceased’s property.

(c)

On July 19, 2019, the Defendant and C, E, and F entered into an agreement on the division of inherited property (hereinafter “instant division agreement”) with the Defendant to own the instant real property solely. Accordingly, the registration of the transfer of ownership in the name of the Defendant (hereinafter “registration on the transfer of ownership”) was completed on August 28, 2019 as the receipt of No. 53858 on August 28, 2019 by the Busan District Court’s Dong Branch branch branch branch branch branch office of the Busan District Court for the instant real estate as of August 28, 2019.

(d)

The above C had no particular active property except for shares 1/4 corresponding to the inheritance shares among the real estate of this case at the time of the instant partition consultation, and this is currently true.

【Unfounded Grounds for Recognition】 The entry of Gap's evidence Nos. 1 through 6 (including the number of each issue) and each fact inquiry of Busan Metropolitan City Shipping Authority, Busan Metropolitan City Authority, and Court Administration, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s claim against C as to the existence of the preserved claim was incurred prior to the conclusion of a contract for division of inherited property as stated in the order, and thus, the obligee becomes the preserved claim.

B. The establishment of the act of piracy and the division of the inherited property by intention of piracy are all in respect of the inherited property on which inheritance commences and which has become a provisional co-ownership between the co-inheritors.