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

2/11. Of the real estate listed in the separate sheet between the defendant and C, 2/11.

1. Basic facts

A. On November 29, 2006, the Plaintiff applied for a payment order against C with the Seoul Northern District Court 2006 tea20, and received a payment order with the purport that “C shall pay to the Plaintiff the amount of KRW 26,127,650 and the amount of KRW 12,57,028 calculated by the rate of 17% per annum from November 28, 2006 to the date of complete payment.” The above payment order was finalized on December 19, 2006.

B. The registration of transfer of ownership in the name of the defendant was completed on April 9, 2015 on the real estate listed in the separate sheet (hereinafter “instant real estate”) that was owned by D (Death on March 5, 2015) on March 5, 2015, due to the inheritance due to a split-off as of March 5, 2015.

C. D’s heir has four children, such as spouse, C and Defendant, and C’s share of inheritance is 2/11.

C There was no particular property at the time of the agreement on division of the above inherited property (hereinafter “instant agreement on division of the inherited property”).

E. With respect to the instant real estate, three collateral security was established for the debtor D, mortgagee E, 74,400,000 won with maximum debt amount, 24,000,000 won, and 12,000,000 won with respect to the instant real estate, and each of the said collateral security was revoked on April 24, 2015.

F. On January 26, 2018, the Plaintiff, while continuing the instant lawsuit, transferred a claim against the Plaintiff’s succeeding Intervenor under the payment order finalized, and the Plaintiff’s succeeding intervenor was delegated with the authority to notify the Plaintiff and notified the said transfer to C on May 3, 2018.

【Ground of recognition】 Evidence Nos. 1, 2 and 5, Evidence Nos. 1, 2-1, 2-2, and 2, and the purport of the whole pleadings

2. According to the facts acknowledged prior to the occurrence of the right to revoke the fraudulent act, the plaintiff has a claim against C with the above finalized payment order, and the above claim has already been created at the time of the division of the inherited property of this case, which becomes the preserved claim.

The agreement on division of inherited property shall be made in whole or in part with respect to the inherited property which has been provisionally owned by co-inheritors after the inheritance commences.