1. The instant lawsuit shall be dismissed.

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

1. The plaintiff's assertion (the ground for the claim) entered into a loan transaction agreement with E on May 12, 2004 with E to KRW 3,600,000.

After that, E does not repay the loan, the Plaintiff applied for a payment order against E as Seoul Central District Court 2015 tea9308 and received payment order from the above court on February 26, 2015. The payment order was finalized on December 11, 2015.

The amount of claims against the Plaintiff’s above loans to E is KRW 6,478,930 as of October 21, 2019.

However, as the E’s heir died, August 17, 2015, the deceased F’s heir, including the Plaintiff and the Defendant, entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”).

Since the joint security of general creditors, including the Plaintiff, has been reduced due to the waiver of their rights to shares 2/19 out of the instant real estate through the agreement on the division of inherited property, E, which was in excess of debt, constitutes a fraudulent act.

E's intention of death is sufficiently recognized, and the defendant's bad faith as a beneficiary is presumed.

On the other hand, since the registration of the establishment of a neighboring mortgage on the instant real estate was cancelled after the said fraudulent act, restitution should be made by means of equivalent compensation.

Of the instant real estate, the joint collateral value of 2/19 shares in the instant real estate is 23,00,000 won [=218,50,000 won [The value of the instant real estate = the value of KRW 362,50,000 (based on September 2019) - the maximum debt amount of the cancelled mortgage - KRW 144,00,000] x 2/19];

In addition, the amount of the preserved claim is the amount calculated by the ratio of 15% per annum from October 22, 2019 to the closure date of the pleadings in this case as to KRW 6,478,930 and KRW 3,553,466 among them.

Therefore, the scope of the amount of the secured joint security and the amount of the secured bond, whichever is less.