B On December 29, 2016, when the real estate (hereinafter “instant real estate”) was owned by the Defendant, etc. and other inheritors including the Defendant, etc., as well as the inherited property (hereinafter “instant division agreement”) on the following grounds: (a) on March 15, 2017, when the Plaintiff did not have any specific property and was in excess of the debt due to the acquisition of the Plaintiff’s debt, etc., the registration of ownership transfer entered in the order for the instant real estate division (hereinafter “instant ownership transfer registration”) was completed.

【Grounds for Recognition】 1-7 Evidence Nos. 1-7 (including paper numbers) and the purport of the whole pleadings

2. Determination

A. Determination on the cause of a claim 1) In principle, even where a debtor in excess of his/her obligation gives up his/her right to the inherited property while holding a divided agreement on inherited property, and thus a joint security against the general creditor has been reduced, it constitutes a fraudulent act against the creditor (see, e.g., Supreme Court Decision 2007Da29119, Jul. 26, 2007). Meanwhile, barring any special circumstance, the debtor’s transfer of real estate, which is one of his/her sole property, to another person without compensation, constitutes a fraudulent act against the creditor, and thus, the debtor’s intent to commit fraud is presumed and the burden of proving the fact that the transferor did not have bad faith (see, e.g., Supreme Court Decision 200Da41875, Apr. 24, 2001). B transferred the shares of this case to the defendant through the agreement on division, while the debtor was in excess of his/her obligation to take over the Plaintiff’s shares, etc.