1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The Plaintiff’s assertion has a claim for damages for delay calculated at the rate of 12% per annum from June 9, 2014 (the date of subrogation by the Plaintiff) to September 26, 2014, and 20% per annum from the next day to the date of full payment of KRW 91,315,288 as well as KRW 90,840,920 as to KRW B.

(A) Evidence No. 1, Seoul Central District Court Decision 2014Da5261198 Decided November 28, 2014 (see, e.g., Supreme Court Decision 2014Da526198, Nov. 28, 2014). Real estate listed in Attached List No. 2 (hereinafter “instant real estate”) was owned by C, who was the mother of B, and C died on August 4, 2009; B, the successors, including the Defendants, agreed on the inheritance division agreement on July 30, 2014 (hereinafter “instant agreement”) with only the Defendants as joint ownership.

However, B had already been in excess of the obligation, and B, upon the agreement on the division of inherited property as of July 30, 2014, renounced 2/66, thereby reducing the joint collateral of creditors including the Plaintiff. As such, the agreement on the division of inherited property as of July 30, 2014 of this case constitutes a fraudulent act, and thus, the Defendants are jointly and severally liable to pay the Plaintiff KRW 41,559,010 to the Plaintiff.

2. According to the evidence No. 2 and evidence No. 1, as to the legitimacy of the instant lawsuit, the registration of transfer of ownership, etc., arising from a consultation on division of inherited property was filed two times with respect to the instant real estate, but the first registration of transfer of ownership, etc., arising from the inheritance due to the consultation and division held on August 4, 2009, the first registration of transfer of ownership was filed on June 30, 2014, the second registration of transfer of ownership was filed on July 30, 2014, and the second registration of transfer of ownership due to the inheritance due to the consultation and division held on July 30, 2014, the agreement on division of inherited property, in which B participated, is the registration of transfer of ownership as of June 30, 2014, and according to the above facts of recognition, the agreement on division of inherited property, in which B participated, was entered on August 4, 2009.