1. The inherited property concluded on April 10, 2015 with respect to 2/7 shares in the real estate listed in the separate sheet between the defendant and D.

1. Facts of recognition;

A. On December 3, 2010, the Plaintiff’s claim D against D determined the interest rate of 30% per annum from Co., Ltd. E on December 3, 201 and interest rate of 42% per annum, and received a loan of 12 million won per annum, and delayed payment.

After acquiring the above claim from E, the Plaintiff filed a lawsuit against D with the Seoul Central District Court No. 2013841, Mar. 27, 2019, “D shall pay to the Plaintiff the amount calculated at the rate of 42% per annum from May 5, 2018 to the date of complete payment, with respect to KRW 24,49,099 and KRW 8,648,397.”

B. On April 10, 2015, the real estate indicated in the attached list of D’s disposal disposal (hereinafter “instant real estate”) was owned by the network F (hereinafter “the deceased”). The deceased died on April 10, 2015, G and his/her spouse, and the Defendant, the Defendant, and D, who were the deceased’s spouse, agreed on the division of the inherited property solely inherited by the Defendant. Accordingly, on April 21, 2015, the ownership transfer registration for the instant real estate was completed under the Defendant’s name on the grounds of the division of the inherited property.

C. D’s insolvent filed an application for individual rehabilitation with the Daegu District Court on October 21, 2014. At the time of the agreement on the division of the said inherited property, D’s active property did not have any particular property except 2/7 shares equivalent to inherited shares among the instant real property.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 7, the purport of the whole pleadings

2. The assertion and judgment

A. In principle, a fraudulent act committed against a creditor even if the joint security against a general creditor has decreased due to the debtor, who had already been in excess of his/her obligation due to the establishment of a fraudulent act and the intention of deception, waiver of his/her right to his/her inherited property upon division

(see, e.g., Supreme Court Decision 2007Da29119, Jul. 26, 2007). According to the facts acknowledged earlier, D in excess of its obligation is inherited from the deceased.