1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On October 4, 2012, the Plaintiff filed a payment order against C as Daegu District Court 2012 tea14865 and received a payment order from the said court that “C shall pay KRW 2,906,263 and delay damages to the Plaintiff” (hereinafter “instant payment order”). The instant payment order was finalized around that time.

B. On September 12, 2019, C’s mother D died on September 12, 2019, and on February 18, 2020, the ownership transfer registration (hereinafter “instant ownership transfer registration”) was completed to the Defendant, who is the form C, due to the consultation and division of inherited property on February 18, 2020 (hereinafter “instant division agreement”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the agreement on division of this case is a fraudulent act, since C gave up the inheritance share of the loan of this case with the agreement on division of this case in excess of the debt, it constitutes a fraudulent act, and therefore, the agreement on division of this case should be revoked.

In this regard, the Defendant owned the Defendant’s loan of this case, but it was merely a title trust under the name of the mother, the issue of double house transfer tax for one household, and thus, the instant division agreement does not constitute a fraudulent act.

B. In a case where the main sentence of Article 4(2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name applies to one real estate, and the registration of ownership transfer in the name of the debtor who is the title trustee is null and void, such real estate is not owned by the debtor, and it cannot be deemed that it is a debtor’

The debtor concluded a contract to establish a mortgage with a third party on the above real estate and completed the registration of establishment of mortgage to that third party.

Even if there is a decrease in the debtor's responsible property.