1. The judgment of the court of first instance is modified as follows.

The real estate indicated in the attached Form between the defendant and C (D) shall be 3/9.

Since the defendant's judgment on this safety defense is not the debtor's own, it is argued that there is no standing to be a party. Therefore, in a lawsuit seeking revocation of fraudulent act by the creditor with the revocation of fraudulent act, the defendant is only the beneficiary or the subsequent purchaser, and the debtor has no standing to be the defendant.

(See Supreme Court Decision 2008Da72394 Decided January 15, 2009). The Defendant’s assertion against this is without merit.

Facts of recognition

The Plaintiff requested a payment order (hereinafter “instant payment order”) from February 17, 2010 to the date of complete payment with respect to C, which is calculated at the rate of 18% per annum from Seoul Central District Court 2010 tea13195 to KRW 30,811,318 among them, and from February 17, 2010 to the date of full payment. The payment order was issued on March 3, 2010. The instant payment order was served on C on March 10, 2010, and was finalized on March 25, 2010 without filing an objection.

Attached Form

The real estate indicated in the list (hereinafter referred to as “instant real estate”) was owned by the Defendant’s mother. After the death of E, there was a spouse C, H, I, and Defendant, a spouse, as the inheritor.

On June 19, 2018, the Defendant and the inheritors including C (hereinafter “he co-inheritors”) entered into an agreement on the division of inherited property (hereinafter “instant agreement on division”) under which the instant real estate is to be owned solely by the Defendant. At the time of the instant agreement on division, the instant real estate was set up a collateral security (hereinafter “mortgage creation registration”) with the obligor’s network E, the Korea Housing Finance Corporation, the maximum debt amount of KRW 451,00,000, as the Busan District Court’s receipt of No. 29415, Jul. 28, 2015.

On August 6, 2018, after the consultation division contract of this case, H repaid KRW 20,545,540 to the Korea Housing Finance Corporation through the housing pension loan account. Coinheritors with respect to this case’s real estate shall terminate the mortgage contract.