A. On August 13, 2014, the Plaintiff filed a loan claim lawsuit against C with the Ulsan District Court Decision 2014Da17779, and was sentenced by the above court that “C shall pay to the Plaintiff the amount of KRW 35 million and KRW 10 million with respect to KRW 35 million from March 2, 2007, and KRW 25 million from November 19, 2007 to the date of full payment,” and the judgment became final and conclusive on September 2, 2014.

B. On April 21, 2016, the real estate listed in the separate sheet (hereinafter “instant real estate”) shared 1/2 shares of D and the Defendant, respectively. After D died on April 21, 2016, the agreement was reached between the Defendant, E, F, and C on the division of the inherited property that the Defendant would own 1/2 shares of D (hereinafter “instant division agreement”). Accordingly, on June 7, 2016, the registration of ownership transfer was completed in the Defendant’s future.

C. C did not have any property other than the above shares (D 1/2 shares x 1/4 shares in inheritance) at the time of the instant split-off consultation.

On the other hand, on September 20, 2006, the establishment registration of a neighboring mortgage was completed on September 20, 2006, including the debtor, the defendant, the 1-dong Saemaul Depository, the maximum debt amount of 19,500,000, and the establishment registration of a neighboring mortgage was revoked on the grounds of termination on May 12, 2016, which was after the division consultation of the instant case. On February 16, 201, which was before the division consultation of the instant case, the loans, which are the secured debt of the said right, were fully repaid.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1-5 evidence (including paper numbers; hereinafter the same shall apply), fact-finding results on the Jeonpo-dong Saemaul Depository of this Court, the purport of the whole pleadings

2. Determination

A. In a case where a debtor in excess of his/her obligations already constituted a fraudulent act waives his/her right to the inherited property while holding a divided agreement on the division of inherited property, and thus the joint security against the general creditor has decreased, in principle, against the creditor.