A. On December 8, 2011, Nonparty D entered into a loan transaction agreement with E Co., Ltd. with a loan of KRW 38.5 million per annum, interest rate of KRW 8.45% per annum, 60 months during the loan period, and 25% per annum at an overdue interest rate and received a loan.

B. On May 26, 2015, the Plaintiff received a claim against Nonparty D with E Co., Ltd., and filed a payment order with Nonparty D on June 28, 2016, stating that “56,161,361 won and 36,406,610 won among them shall be paid at the rate of 15% per annum from April 27, 2016 to the date of complete payment” with the Seoul Western District Court Decision 2016 tea32821, the said payment order was finalized on June 28, 2016.

C. Accordingly, the sum of the principal and interest on Nonparty D is KRW 41,924,901 as of December 26, 2018.

On the other hand, the deceased F’s heir was the Defendant, children, G, H, D, and I, and D, but D, on September 27, 2012, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), which is owned by the deceased F, "the agreement on the division of inherited property between the Defendant and the heir (hereinafter “instant real estate”).

(E) On February 19, 2014, the Defendant entered into a contract. On July 15, 2014, the Defendant completed the registration of ownership transfer on the ground of the division of the above inherited property. The Defendant sold the instant real estate to J on July 15, 2014, and on the same day, the ownership transfer registration was made in the name of J on the same day. D did not have any other property except the inheritance shares of the instant real estate. [The entry of the evidence Nos. 1 through 7, the inquiry and reply to the K Center of this Court, the purport of the entire pleadings.

2. Determination

A. The establishment of a fraudulent act’s establishment of a division of an inherited property is to confirm the ownership of the inherited property by either having all or part of the inherited property provisionally owned by co-inheritors upon commencement of inheritance as a single ownership by each inheritor, or by performing it as a new co-ownership relationship, with the view of its nature.