1. A person on February 27, 2018 as to 1/4 shares of each real estate listed in the separate sheet between the defendant and C.

1. On October 18, 2016, the Plaintiff held claim against C based on the payment order (7,095,080 won and damages for delay) from the Daegu District Court Branch Branch Branch of the Daegu District Court on the following: (a) C died on February 27, 2018; and (b) C’s heir died on February 27, 2018; (c) pursuant to the agreement on the division of inherited property (hereinafter “agreement on the division of inherited property of this case”), C, E, and F (each inheritance share 1/4); (d) on the real property listed in paragraph (1) of the attached Table among inherited property, the ownership transfer registration was made due to inheritance division on April 17, 2018; and (e) the ownership transfer registration was not made on February 27, 2018; and (e) the title registration number of each building was not entered in the list No. 2011 to 417, Apr. 17, 2018.

2. Determination

A. As seen earlier, the Plaintiff held the claim for the amount of money transferred to C at the time of the agreement on the division of the inherited property of this case, and thus, is the preserved claim seeking the revocation of the fraudulent act as to the agreement on the division of inherited property of this case.

B. The agreement on the division of inherited property by fraudulent act is to confirm the reversion of inherited property by either wholly or partially owning the inherited property of each inheritor or performing it as a new co-ownership relationship with respect to the inherited property, which has been provisionally owned by co-inheritors upon the commencement of inheritance, and therefore, it can be subject to the exercise of the right to revoke fraudulent act, in view of its nature.

(See Supreme Court Decision 2000Da51797, Feb. 9, 2001). Meanwhile, in the absence of special circumstances, an obligor’s act of selling real estate, which is the only property of his/her own, and changing it into money which is easily consumed or transferring it to another person free of charge.