1. On July 4, 2017, the Defendant and C concluded on July 4, 2017 with respect to one-third share out of 516 square meters in Incheon Strengthening-gun D.

1. Facts of recognition;

A. In the Seoul Central District Court Decision 2013 tea140307 Decided July 15, 2013 where the Plaintiff filed a claim against C, the said court ordered the creditor (Plaintiff) to pay the amount of KRW 19,815,870 as well as KRW 5,047,260 as to KRW 19,815,870 as well as the amount of KRW 19.5% per annum from June 22, 2013 to September 29, 2013, and KRW 20% per annum as to KRW 5,047,260 as to KRW 19,815,870 as of July 15, 2013.

The above payment order was finalized on October 15, 2013.

B. On May 30, 2005, the registration of ownership transfer was completed on May 30, 2005 with respect to D major 516 square meters (hereinafter “instant real estate”).

E died on July 4, 2017, and the heir has C, F, and Defendant, a child.

C. The Defendant, C, and F entered into an agreement on division of inherited property (hereinafter “instant agreement on division”) with the effect that the Defendant independently succeeds to the instant real property.

Accordingly, on March 6, 2018, Incheon District Court's reinforcement registry office of the instant real estate completed the registration of ownership transfer (hereinafter "the instant registration of ownership transfer") to the Defendant under No. 5958.

At the time of the consultation division contract of this case, C does not have any other property than the real estate of this case.

[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 3, the order and reply to submit taxation information to the head of Incheon Metropolitan City strengthening Gun, and the purport of the whole pleadings

2. Assertion and determination

A. As a matter of principle, even if a debtor in excess of his/her obligation had already been determined on the cause of the claim renounced his/her right to his/her inherited property while holding a divided agreement on the division of inherited property and thus the joint security against the general creditor has decreased

(see, e.g., Supreme Court Decision 2007Da29119, Jul. 26, 2007). According to the above facts of recognition, the Plaintiff has a claim against C with a preserved bond, and the obligor C has its own shares in inheritance (1/3) with respect to the instant real estate while the obligor C has exceeded its obligation.