The Defendants and D signed on May 9, 2019 with respect to 2/9 shares of 2/9 square meters in the 294 square meters in Gyeongnam-gun E-gun, Chungcheongnam-do.

Facts of recognition

A. On February 24, 201, F Co., Ltd., Ltd., the Plaintiff’s claim for acquisition money, lent KRW 5,000,000 to D.

On April 29, 2016, F Co., Ltd. transferred to the Plaintiff the claim for the principal and interest of D’s loan amounting to KRW 5,696,320 (i.e., principal amount of KRW 2,583,091, etc.). The Plaintiff delegated the right to notify the assignment of the claim and notified the Defendant of the assignment of the claim around June 1, 2016.

B. The agreement on the division of inherited property between D and the Defendants was about the ownership of G, which was originally put to D’s original attachment. On May 9, 2019, G’s spouse H (3/9 shares in inheritance), G’s children D and the Defendants (2/9 shares in inheritance) agreed on the division of inherited property (hereinafter “instant agreement on division of inherited property”). Accordingly, on July 26, 2019, the Defendants completed the registration of the transfer of ownership (hereinafter “the transfer of ownership”).

C. D’s insolvent is insolvent from the time of the instant division consultation to the present time.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 5, each fact inquiry of the head of the racing IO in this court, the purport of the whole pleadings

2. Determination as to the cause of action

A. The case where the joint security against the general creditor has decreased as a result of the debtor’s waiver of his/her right to his/her inherited property while holding a divided agreement on the division of inherited property, constitutes, in principle, a fraudulent act.

(See Supreme Court Decision 2007Da29119 Decided July 26, 2007, Supreme Court Decision 2007Da73765 Decided March 13, 2008, Supreme Court Decision 2012Da26633 Decided July 10, 2014, etc.). According to the facts of recognition under paragraph (1), a debtor D, an insolvent, gives up 2/9 shares, which are one’s own inheritance shares in the instant land, through the agreement on the division of inherited property of this case.