A. On October 17, 2017, concluded between the Defendant and C.

A. On November 15, 2013, D Co., Ltd.: (a) on November 15, 2013, 2013, 7 million won was extended to C on November 15, 2016, with the agreed interest rate of 34.9% per annum; (b) C delayed interest on the said borrowed amount; and (c) via E Co., Ltd, the Plaintiff acquired the said contractor’s status on May 10, 2016.

B. Since then, the Plaintiff filed a lawsuit against the said C seeking the above amount of money (Seoul Northern District Court 2017Gaso38153), and the court rendered a judgment in favor of the Plaintiff on May 19, 2017, and the said judgment became final and conclusive around that time.

C. As of June 12, 2017, the principal and interest of the assignee-paid bonds are KRW 18,252,100 and damages for delay calculated at the rate of 34.9% per annum from June 13, 2019 to the date of full payment with respect to KRW 6,395,762.

C’s father F died on August 30, 2017, and there was C and G, who is his spouse, as his inheritor, C and G. However, the above inheritors, including the Defendant, etc., concluded an inheritance division agreement with the Defendant on October 17, 2017, with respect to each real estate listed in the separate sheet, which is inherited property (hereinafter “each real estate of this case”), and completed the registration of ownership transfer in the future of the Defendant.

E. Meanwhile, at the time of the agreement on the division of inherited property, the above C was insolvent as a debt excess.

[Ground of recognition] The fact that there is no dispute, each entry of Gap's evidence Nos. 1 and 8 (including additional number), the court below's fact-finding results, and the purport of the whole pleadings

2. Determination

A. Division consultation of inherited property by relevant legal principles is to confirm the attribution of the inherited property provisionally owned by co-inheritors upon commencement of inheritance, and in its nature, it is a juristic act aimed at property rights. Therefore, if a debtor in excess of a debt waives his/her right to inherited property while holding a divided agreement on the inherited property and the joint security against general creditors has decreased, it may be subject to the exercise of the right to revoke a fraudulent act.

Supreme Court Decision 201Na1448 delivered on February 9, 2001