1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On July 22, 2011, the Plaintiff loaned 7 million won to B at the interest rate of 14.7% per annum (21% per annum). Since July 20, 2012, B delayed repayment of principal and interest after July 20, 2012, and the Plaintiff remains liable for loans of KRW 8,616,541 as of June 13, 2013.

B. Meanwhile, B’s father’s father’s deceased C (the deceased on January 17, 2013, hereinafter “the deceased”) entered into an agreement on the division of inherited property with the content that the instant apartment, which is the only inherited property on January 17, 2013, reverts to the Defendant. Accordingly, the Seoul Northern District Court’s Dobong registry office, as of March 18, 2013, completed the registration of ownership transfer under the Defendant’s name on the ground of the division of inherited property.

C. At the time of division of the above inherited property, B had no particular property except for the inheritance shares of the apartment of this case, and had a debt equivalent to about 19 million won.

[Ground of recognition] The facts without dispute, each entry of Gap evidence 1 through 6 (including all of the branch numbers), the Chairperson of the court of first instance, the Director of the Bank of Korea of the court of first instance, the fact inquiry results of each fact inquiry about the Court Administration Office,

2. Determination on the cause of the claim

A. One question as to whether a fraudulent act has been established, and the agreement on division of inherited property is a juristic act aimed at property rights in its nature by confirming the reversion of inherited property by either having all or part of the inherited property temporarily owned by each inheritor as to the inherited property upon commencement of inheritance or by performing as a new co-inheritors as to the inherited property, and thus having become final and conclusive property rights. Meanwhile, the debtor's act of selling real estate only to himself/herself and changing it into money or transferring it to another person without compensation becomes a fraudulent act against the creditor, barring any special circumstance. Thus, it is already in excess of his/her obligation.