1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The following facts can be acknowledged in full view of the following facts: there is no dispute between the parties, or the fact-finding results in Gap's evidence Nos. 1 to 5; the fact-finding results with respect to the Court Administration Office of this Court; the purport of this Court's response to each order to submit financial transaction information to D Co., Ltd., E, and F.C.

Defendant B’s wife, C, H, and I of net G (the deceased on January 15, 2018, hereinafter “the deceased”) are the deceased’s children.

B. The Plaintiff finally acquired the claim against J Co., Ltd. C.

The Plaintiff filed a lawsuit against C with the Seoul Western District Court No. 2015Gaso38825, and the said court rendered a decision on August 10, 2015 that “C shall pay to the Plaintiff 12,181,100 won and interest thereon at the rate of 20% per annum from the next day of the delivery of a copy of the instant complaint to the day of full payment,” and the said decision on performance recommendation was finalized on September 3, 2015.

C. On March 2, 2018, C received KRW 76 million from D Co., Ltd. as the death insurance amount resulting from the death of the Deceased.

Attached Form

The real estate indicated in the “Indication of Real Estate” (hereinafter “instant real estate”) was owned by the Deceased. After the Deceased’s death, the Defendant, C, H, and I, the inheritor of the Deceased, agreed on the division of inherited property on March 24, 2018, and thereafter completed the registration of ownership transfer in the Defendant’s name on March 26, 2018 due to the division by consultation as of January 15, 2018.

E. On the other hand, C was in a state of exceeding active property at the time of the above consultation division, and did not own a separate real estate.

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the parties concerned had agreed on the division of the inherited property regarding the instant real estate with the effect that C would transfer his/her inheritance shares to the Defendant in excess of his/her obligation, which constitutes a fraudulent act, and the Defendant’s malicious intent is presumed to be a beneficiary. Therefore, the foregoing agreement on