1. The plaintiff's claim is dismissed.

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

1. The Plaintiff’s summary of the Plaintiff’s assertion is a creditor of C, and C’s mother-friendly D died, and C and the Defendant, the inheritor, made an agreement on the division of inherited property on September 15, 201 on the division of inherited property regarding the instant real estate, which is inherited property on September 15, 201, and made an agreement on the division of inherited property by giving up the shares of C’s inheritance and by

Since the registration of the right to collateral security was established on the instant real estate, the Plaintiff cancelled the agreement on the division of the above inherited property as a fraudulent act, and sought compensation for value with restitution.

2. Determination

A. The waiver of inheritance is retroactively effective from the time the inheritance commenced (Article 1042 of the Civil Act), and the person who renounced shall have never been an inheritor.

Therefore, the agreement on the division of inherited property between the remaining co-inheritors except those who have not yet filed a report on the renunciation of inheritance or have not yet been accepted by the court shall be valid retroactively because the report on the renunciation of inheritance has been legally accepted and the effect of the renunciation of inheritance has occurred after the agreement on the division of inherited property has been accepted.

This is also true in the case of the content that even if the renouncer of the company participated in the agreement on division of the inherited property and became the party concerned, the agreement is based on the assumption that the agreement is renounced, and the right to the inherited property is not recognized to

Although the renunciation of inheritance does not affect the property of the renouncer, it does not constitute a net act of property law as an act of extinguishing the status as an inheritor itself.

Rather, the renunciation of inheritance has the nature as a "personal decision" which is made based on the overall judgment of personal relations with other inheritors, including the decedents or subordinate inheritors.

.such an act;