1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 5, 2008, E obtained an automobile installment loan from FF Co., Ltd., and the Plaintiff, upon the transfer of the above loan claim against FF Co., Ltd., sought the payment of the transfer amount to E as Seoul Central District Court 2017Hu96981, Mar. 31, 2017, “E shall pay to the Plaintiff damages for delay of KRW 25,11,719 and KRW 10,676,156 among them.”

B. The father G of E died on April 15, 2016 and five children, including the wife, and jointly inherited. As to each real estate listed in the separate sheet, which is inherited property (hereinafter “instant real estate”), the registration of transfer of ownership in the name of the Defendant was completed on the ground of the agreement on the division of inherited property on April 15, 2016 (hereinafter “instant agreement on the division of inherited property”).

[Ground of recognition] Unsatisfy, each entry in Gap evidence 1 to 5 (including a tentative number), and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion by the parties constitutes a fraudulent act that the transfer of 2/13 shares of the instant real estate, which is one’s own inherited shares, to the Defendant through the agreement on the division of inherited property in excess of debt, constitutes a creditor’s fraudulent act that undermines the Plaintiff, and thus, the agreement on the division of inherited property in this case shall be revoked as equal to 2/13 of the E inheritance shares, and the Defendant shall implement the procedure for the cancellation of the registration of the transfer

The defendant asserts that he is a bona fide beneficiary.

B. (1) According to the facts acknowledged prior to the existence of a preserved claim, the instant loans were established as of September 5, 2008, and the Plaintiff received an order to pay the said claims against E by transfer, and thus, it constitutes a preserved claim entitled to exercise the right to revoke the fraudulent act regarding the agreement on division of inherited property of this case.

(2) Whether E is insolvent and fraudulent act.