1. On March 21, 2013, the inherited property with respect to shares of 2/13 in the real estate listed in the separate sheet between the defendant and the deceased C.

1. Basic facts

A. On July 11, 2007, the Daegu District Court Decision 2007Gau3904, the above court filed a lawsuit against C, and the above court rendered a decision of performance recommendation that "the defendant shall pay to the plaintiff 3,200,000 won and the amount equivalent to 20% per annum from the day following the delivery of a copy of the complaint to the day of full payment," and the above decision became final and conclusive around that time.

B. The Plaintiff acquired the F’s claim against C by transfer, and some of which were recovered, and the remaining amount as of July 12, 2019 is KRW 12,739,840.

C. Meanwhile, G, the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”) died on March 21, 2013, and the heir was the spouse H(3/13 shares), children I, J, K, C, and Defendant (2/13 shares, respectively).

On March 21, 2013, H, I, J, K, C, and the Defendant agreed to divide the instant real estate into the Defendant’s inherited property (hereinafter “instant division agreement”). On the ground of this, the Defendant solely completed the registration of ownership transfer on August 29, 2014 as receipt No. 3026 of the Daegu District Court’s registration office.

E. At the time of the instant partition consultation, C did not have any particular positive property other than the above inherited property, and C died around August 2018, and its heir D and E were children.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1-1 and 2, fact-finding results of L, the purport of the whole pleadings

2. Determination

A. Since the existence of a preserved claim against C exists prior to the agreement on subdivision of this case, the Plaintiff may exercise the right of revocation by designating the preserved claim as the preserved claim.

B. The joint security against the general creditor has decreased by giving up the right to their share of inheritance while the debtor in excess of his/her obligation with respect to fraudulent act and intent to cause damage, in consultation on the division of inherited property.