1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. The reasoning for the court's explanation on this part of the facts of recognition is the same as that of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. The Plaintiff’s instant real property is the deceased’s inherited property, and B has 2/9 shares in the statutory inheritance portion.

The instant agreement for division is a fraudulent act that causes damage to the general creditors in B by agreement with the content that the share of inheritance on the instant real estate is transferred to the other inheritor, while the debt exceeds B.

Therefore, the agreement between B and the Defendant should be revoked, and the Defendant, the beneficiary, is obligated to compensate the Plaintiff for the value of KRW 53,77,770 equivalent to the value of 2/9 of the portion of inheritance renounced by B among the real estate in this case.

B. The instant real estate is the property jointly owned by the Defendant and the deceased C, which was created by the Defendant throughout his lifetime while living a long-term marital life with the deceased C.

Considering the Defendant’s share of contributory portion, the Defendant’s share of inheritance should be more recognized. The instant agreement on the division of agreement was found to have the Defendant’s legitimate share, and there was no intent to commit fraud. Therefore, the Defendant is a bona fide beneficiary.

3. Determination

A. According to the facts acknowledged prior to the existence of a preserved claim, the instant taxation claim held against B is a monetary claim acquired prior to the agreement division in the instant case, and constitutes a preserved claim for the purpose of exercising the obligee’s right of revocation.

B. On the premise that the entire real estate of this case falls under the deceased C’s inherited property, the Plaintiff sought revocation of the agreement on the division of agreement of this case, and the Defendant asserts that the real estate of this case is the common property of the defendant and the deceased C.

The defendant's assertion purport that the share of 1/2 of the real estate in this case does not constitute a liability property B because it is not an inherited property.