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. Facts of recognition;

A. As of November 1, 2012, the Plaintiff has a claim on C with the amount of KRW 96,006,736 (26,051,936 and the annual rate of KRW 65% from April 30, 1999 to December 24, 2002) determined by Seoul Central District Court Decision 2001Ga261988 (the total amount of damages for delay calculated at the rate of 25% per annum from the next day to November 1, 2012).

B. On January 28, 2011, E died with his/her spouse F, lineal descendants G, H, C, and Defendant. On January 28, 2011, the aforementioned inheritors, including the Defendant, entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the purport that each of the instant real estate listed in the separate sheet (hereinafter “instant real estate”) should be owned solely by the Defendant, and accordingly, on June 14, 201, the registration for the transfer of ownership in the Defendant’s future was completed.

C. At the time of the division consultation of the instant inherited property, C had no particular property, and the market price of the instant real estate was KRW 1,280,696,800.

【Ground of recognition】 without any dispute, entry of Gap 1, 4 through 8, and 10; the market price appraisal result of appraiser I; the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the plaintiff may exercise the right of revocation in order to preserve the claim against C with respect to the above judgment amount, and it constitutes a fraudulent act detrimental to the general creditors including the plaintiff, barring any special circumstance where C made a separate agreement on the division of inherited property to vest 2/11 of its inherited shares among the real estate in this case in excess of debt amount to the defendant, and it is presumed that C's intention of explanation is presumed as the beneficiary's bad faith.

In this regard, the Defendant, prior to the death of E, has received the land owned as an apartment site, as the compensation for which it had been incorporated into the apartment site, shall be the sum exceeding C’s inheritance share (232,853,963 = 1,280,696,80 x 2/11) among the real estate in this case, to C’s inheritance share (232,853,96,80).