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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Since the agreement on the division of inherited property between C and the Defendant, who is the Plaintiff’s claimant, was a fraudulent act, the agreement on division of inherited property on September 17, 2014 should be revoked within the scope of KRW 26,233,452, which is the Plaintiff’s claim amount. The Defendant ought to pay to the Plaintiff KRW 26,233,452, and delay damages.
2. Determination as to the cause of action
A. As a matter of principle, even if the joint collateral against the general creditor has decreased as a result of the obligor’s waiver of his/her right to the inherited property while holding a divided agreement on the inherited property, the relevant legal doctrine constitutes a fraudulent act against the obligee.
(see, e.g., Supreme Court Decision 2007Da29119, Jul. 26, 2007). In other words, for the Plaintiff’s claim to be reasonable, it should be proved first that C, the obligor, at the time of the agreement on the division of inherited property as of September 17, 2014, is in excess of the obligation.
B. According to the following facts, which can be acknowledged by comprehensively taking account of the respective entries in Gap evidence 1-9 (including branch numbers) and the overall purport of pleadings, it cannot be deemed that C, the debtor of which was at the time of the agreement on the division of inherited property as of September 17, 2014, exceeded the debt status.
(A) In light of C’s obligation as of September 17, 2014, as of March 25, 2014, the Plaintiff merely claims excess of C’s obligation, and there is no assertion or proof as to the specific property status at the time of the fraudulent act) and as of September 17, 2014, C is a D Co., Ltd. (hereinafter “D”).
(2) A) The loan of KRW 19,70,00 was received from the Plaintiff, and the interest rate is 5.9% per annum; the loan period is 60 months; the repayment method is 375,404 won as at the first time from April 20, 2014 to April 20, and 379,404 won as at the next meeting. (2) C) on July 27, 2015, delayed repayment of the principal and interest of the above loan from April 20, 2014 to September 17, 2014; and (375,404 won as at the first time and each of 379,404 won as at September 17, 2014.