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1. As to 1/3 shares of real estate listed in the separate sheet:
A. The Defendant and C concluded on August 17, 2019.
Reasons
1. Case summary and judgment
A. Each of the following facts shall be acknowledged by comprehensively taking account of the facts described in Gap evidence Nos. 1 to 4, 13, and 14 (including paper numbers) and the overall purport of the argument as to D in this Court:
1) The Plaintiff holds a monetary claim against C pursuant to the Daegu District Court Branch Decision 2010 Ghana41098 decided January 19, 201 (finality, February 8, 2011) (the Defendant expired by prescription against C).
Although it is alleged to the effect that the above judgment is invalid, the above assertion is without merit, since there is no evidence to acknowledge the ground as alleged by the defendant.
(2) On August 17, 2019, C’s mother died on August 17, 2019, and C, E, and the Defendant (each inheritance share), and C, the Plaintiff’s obligor, made an agreement on the division of inherited property (hereinafter “instant real estate”) with the remaining inheritors on August 17, 2019 to the effect that the Defendant solely succeeds to the inherited property (hereinafter “instant division agreement”) on August 17, 201, and completed the relevant registration of the transfer of ownership under the name of the Defendant under the name of the Daegu District Court Branch of Port Branch of the Daegu District Court (hereinafter “instant division agreement”).
B. The agreement on the division of inherited property is to confirm the reversion of inherited property by entirely or partially owning the inherited property of each heir with respect to which provisional co-inheritors jointly owned upon commencement of inheritance, or by performing it with a new co-ownership relationship, and therefore, it aims at property rights by its nature (see, e.g., Supreme Court Decision 2000Da51797, Feb. 9, 2001). Meanwhile, barring any special circumstance, the debtor's act of changing the inherited property into money which is one of his own property and transferring it to another person without compensation is a fraudulent act against the creditor.