1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the reasoning of the judgment of the first instance, and thus, citing it by the main text of Article 420 of the Civil Procedure Act

2. Determination

A. The establishment of a fraudulent act constitutes, in principle, a fraudulent act against a creditor even if the joint security against the general creditor has been reduced by waiver of the right to the inherited property upon consultation on division of inherited property. Meanwhile, barring any special circumstance, the debtor’s act of transferring real estate, which is one of his/her sole property, to another person without compensation, constitutes a fraudulent act against the creditor, and barring any special circumstance, the debtor’s intent of deception is presumed, and the burden of proving the fact that the transferor did not have bad faith is presumed to exist on October 15, 2015 (see Supreme Court Decision 2014Da47016, Oct. 15, 201). Meanwhile, even if a debtor in excess of his/her obligation reduced joint security against the general creditor by giving up his/her right to the inherited property upon consultation on division of inherited property, it should not be revoked as a fraudulent act unless the result of division of property is deemed to fall short of the extent equivalent to the debtor’s specific share in the inherited property, and thus, it should be limited to the extent of revocation as a fraudulent act.

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