A. On May 17, 2018, the Plaintiff filed a lawsuit against C to pay the Plaintiff 15% interest per annum with respect to KRW 28,830,272 and KRW 22,528,740 from May 10, 2018 (Seoul Central District Court Decision 2018Da130453). The judgment became final and conclusive around that time.

B. C: (a) On April 27, 2019, upon the death of his father D (hereinafter “the deceased”); and (b) on April 27, 2019, upon the Defendant’s inheritance of 2/11 shares (hereinafter “instant real estate shares”) equivalent to his/her share of inheritance among each real estate listed in the separate sheet owned by the deceased (hereinafter “instant real estate”), C had the Defendant complete the registration of ownership transfer in the name of the Defendant, a mother, on July 31, 2019.

C. C did not have any property other than the instant real estate share at the time of division of the above inherited property.

The value of the instant real estate share cannot extend to the amount of claim against the Plaintiff C.

[Ground of recognition] Facts without dispute, Gap 1-5 evidence (including additional number), the fact inquiry results against the Court Administration Office of this Court, the purport of the whole pleadings

2. Determination

A. The agreement on the division of inherited property is to confirm the reversion of inherited property by either having all or part of the inherited property, which became a provisional co-inheritors upon the commencement of inheritance, as a sole ownership of each inheritor, or by performing it as a new co-ownership relationship, and therefore, it can be subject to the exercise of the right to revoke fraudulent act, in view of its nature.

On the other hand, if a debtor who has already been in excess of his/her obligation waives his/her right to his/her share of inheritance while holding a divided agreement on inherited property, and thus joint security for general creditors has decreased, it constitutes a fraudulent act against the creditor in principle, and the claim is