A. On September 4, 2014, the Plaintiff filed an application for a payment order with Seoul Western District Court No. 2014 teas. 59632, the Plaintiff filed an application for a payment order with B for the payment order, and the said payment order was submitted to the said court for litigation proceedings under the same court. On April 16, 2015, the said court rendered a judgment with the effect that “B shall pay to the Plaintiff 11,100,292 won and 2,736,206 won with interest rate of 20% per annum from April 4, 2015 to the date of full payment (hereinafter “instant judgment”). The said judgment became final and conclusive around that time.

B. Each real estate listed in the separate sheet (hereinafter “instant real estate”) was originally owned by C, and C died in around 2015, and the heir was four (4) including the Defendant and his/her child, who was the wife.

C. On November 22, 2015, the inheritors including the Defendant and B entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the content that the Defendant succeeds to the entire real estate of this case, and accordingly, the registration of ownership transfer was completed in the name of the Defendant on December 22, 2015 by the Seoul Southern District Court’s registration office, which received on December 22, 2015.

At the time of the agreement on the division of the inherited property in this case, B did not have any property.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiff held claims based on the judgment of this case against B at the time of the agreement on division of inherited property of this case, and thus, the Plaintiff’s claims are subject to the obligee’s right of revocation.

In addition, with respect to the inherited property which has been provisionally owned by co-inheritors upon commencement of inheritance, the agreement on division of inherited property becomes final and conclusive by either having all or part of the inherited property owned by each inheritor as a sole ownership of each inheritor or performing it as a new co-ownership relationship.