1.The judgment of the first instance shall be modified as follows:

1/3.0 of the real estate listed in the separate sheet between the defendant and B.

Basic Facts

The plaintiff's claim against B against the plaintiff was filed with the Busan District Court 2008Gadan3413, which stated that "B shall pay to the plaintiff 72,923,085 won and 39,080,565 won with 17% interest per annum from November 27, 2007 to the day of full payment." The above judgment became final and conclusive around that time.

The mother C(hereinafter “the deceased”) of insolvent B’s agreement on division of inherited property and B’s death around December 21, 2014.

At the time of death, the deceased’s heir had the Defendant, B, and D, who is his child, and there was real estate listed in the attached Table (hereinafter “instant real estate”) as active property of the deceased.

On December 21, 2014, the deceased’s inheritors entered into an agreement on the division of inherited property (hereinafter “instant agreement on division”) with the content that the Defendant independently decides to inherit the instant real estate, and the Defendant completed the registration of ownership transfer on the instant real estate under the Busan District Court’s Busan District Court’s receipt No. 2993, Jan. 15, 2015.

At the time of the split-off consultation, B was in excess of the obligation.

The Defendant sold the instant real estate to E on January 6, 2015, and the Defendant completed the registration of ownership transfer on February 10, 2015.

【In the absence of any dispute, the Plaintiff is the Plaintiff’s creditor, and the Plaintiff committed a fraudulent act by making the instant partition agreement to the Defendant with respect to the instant real estate, the sole property of which was transferred in excess of the debt, as the Plaintiff did not have any dispute. As such, the instant partition agreement should be revoked.

On the other hand, since the ownership of the instant real estate has been transferred to the subsequent purchaser in good faith, it falls under cases where restitution is impossible or considerably difficult.