1. The plaintiff's claim is dismissed.

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

1. Determination on the cause of the claim

A. The Plaintiff asserted that the Plaintiff is the creditor of Nonparty C (the Defendant’s death of Nonparty D as the Defendant’s punishment), and that Nonparty D died, the inheritor, Nonparty C, the Defendant, and their punishment were given up Nonparty C’s inheritance share with the intention of undermining the Plaintiff, while holding an agreement on the division of inherited property regarding the instant real estate, which is inherited property on July 2013.

Since the registration of the right to collateral security was established on the instant real estate, the Plaintiff cancelled the agreement on the division of the above inherited property as a fraudulent act, and sought compensation for value with restitution.

B. Determination 1) The waiver of inheritance is retroactively effective at the time of commencement of inheritance (Article 1042 of the Civil Act, and the waiver person shall be deemed to have never been an inheritor.

Therefore, the agreement on the division of inherited property between the remaining co-inheritors except those who have not yet filed a report on the renunciation of inheritance or have not yet been accepted by the court shall be valid retroactively because the report on the renunciation of inheritance has been legally accepted and the effect of the renunciation of inheritance has occurred after the agreement on the division of inherited property has been accepted.

This is also true in the case of the content that even if the renouncer of the company participated in the agreement on division of the inherited property and became the party concerned, the agreement is based on the assumption that the agreement is renounced, and the right to the inherited property is not recognized to

Although the renunciation of inheritance does not affect the property of the renouncer, it does not constitute a net act of property law as an act of extinguishing the status as an inheritor itself.

Rather, the renunciation of inheritance is a personal relationship with other inheritors, including the decedents or subordinate inheritors.