Attached Form

With respect to 2/7 shares of real estate entered in the list:

A. It was concluded on February 13, 2016 between the Defendant and B.

1. Basic facts

A. The Plaintiff, as a creditor who acquired the credit held by the Korea Credit Card Co., Ltd. (papapap Bank: Peace Bank), prior to the transfer of the credit held by the Plaintiff against B, filed a claim for the amount taken over against B under the Seoul Central District Court No. 2009Gaso2710769, and received a favorable judgment on January 27, 2010, and the said judgment became final and conclusive on February 17, 2010.

B. C owned the real estate listed in the separate sheet (hereinafter “instant real estate”) and died on February 13, 2016, and at the time, there was D or B, the spouse of the Defendant, and his/her children.

C. The above inheritors agreed to independently own the instant real estate by the Defendant (limited to the part on the division of inherited property B and the Defendant’s share in inheritance B), and the Defendant completed the registration of transfer of ownership on the instant real estate as the receipt of No. 41078 on August 30, 2016 by the Daegu District Court of Busan as to the instant real estate due to the said division of inheritance.

On the other hand, B had no other property at the time of the instant agreement on division of inherited property, and had been in excess of obligations.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 2-2, Eul evidence 3, the purport of the whole pleadings

2. Determination

A. According to the fact that a fraudulent act is established and the duty to restore is acknowledged, the agreement on the division of the inherited property of this case with the purport of transferring 2/7 shares of the real estate of this case where B, who was insolvent, is the sole active property, to the defendant constitutes a fraudulent act that causes damage to the plaintiff, who is the creditor against B, and the defendant's bad faith that is the deceased will and beneficiary, is presumed.

Therefore, barring any special circumstance, the agreement on the division of inherited property of this case shall be revoked as a fraudulent act, and the defendant shall be obligated to implement the procedure for the cancellation of ownership transfer registration with respect to 2/7 shares out of the real estate of this case.

B. Determination of the Defendant’s assertion