1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff filed an order against C to pay the principal and interest of KRW 8,795,01 with the Seoul Central District Court 2016Da16243, May 24, 2016, the payment order became final and conclusive that “C shall pay to the Plaintiff 8,795,011 and 5,000,000 won with the interest of KRW 15% per annum from March 30, 2016 to the date of full payment.”

B. The network D, which owned the instant real estate, died on April 19, 2019, and there was C and Defendant as inheritor.

C. On April 19, 2019, the deceased’s inheritors agreed on the division of inherited property that the Defendant would own the instant real estate, which is the inherited property of the deceased, and the Defendant completed the registration of ownership transfer on the grounds of inheritance by agreement division on June 3, 2019.

C On May 10, 2019, the Jeonju District Court rendered a declaration of renunciation of inheritance under the Jeonju District Court Branch 2019Mo278, 2019, and the said declaration was accepted on May 17, 2019.

【Ground of recognition】 The fact that there is no dispute, Gap's 1 through 3 (if there is an additional number, including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The joint security against the general creditor was reduced by C, who had been in excess of the Plaintiff’s claim, renounced his right to his share of inheritance in the course of the consultation and division of inherited property.

Therefore, the division of inherited property of this case constitutes a fraudulent act and thus should be revoked, and the defendant is obligated to implement C with the registration procedure for cancellation of the inheritance shares of this case among the real property of this case.

3. Determination

A. The waiver of the relevant legal doctrine is retroactively effective at the time of the commencement of the inheritance (Article 1042 of the Civil Act), and the renouncer is deemed to have never been an inheritor.

Therefore, while a report of renunciation of inheritance has not yet been filed or has not been accepted by the court, the remaining co-inheritors except the renouncer have made a report of renunciation of inheritance after the agreement on division of inheritance has been reached.