1. On April 14, 2013, concluded between the Defendant and Nonparty C on the real estate stated in the separate sheet.

1. Facts of recognition;

A. On June 25, 2008, the Plaintiff loaned KRW 30 million to Nonparty C, setting the repayment date as “two years from the next day” and “one hundred and twenty percent per annum.”

B. D, as C’s partner, died on April 14, 2013, and the inheritor is the spouse, E, F, G, C, and the Defendant, who is the spouse.

C. On April 14, 2013, D’s inheritors made an agreement on the division of inherited property (hereinafter “instant apartment”) with the content that the Defendant would independently inherit the real estate indicated in the separate sheet (hereinafter “instant apartment”), which is inherited property. Based on the aforementioned agreement, the Defendant completed the registration of ownership transfer for the instant apartment on July 5, 2013.

On December 4, 2015, the Defendant sold the instant apartment to Nonparty H, and completed the registration of ownership transfer on December 8, 2015.

E. Meanwhile, at the time of the instant agreement on the division of inherited property, C did not have any particular property other than the inheritance share of the instant apartment.

F. The market price of the instant apartment is KRW 70 million at the time of the instant agreement on division of inherited property (based on July 5, 2013) and KRW 79 million at the time of the closure of the instant argument (based on July 6, 2016).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition of the existence of the preserved claim, the plaintiff has a loan claim against C, which is incurred before the agreement on the division of the inherited property of this case alleged by fraudulent act, and thus, it shall be the creditor's preserved claim for revocation.

B. The establishment of a fraudulent act and the agreement on division of the inherited property of the deceased will are the legal act of confirming the reversion of the inherited property by either having all or part of the inherited property provisionally owned by the co-inheritors upon the commencement of inheritance as a sole ownership by each inheritor, or by performing as a new co-ownership relationship, and thus, having the property right in its nature become the object of property right.