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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s claim content transferred credit card loans from E to D.
The Defendants and D, as F’s inheritors, entered into an agreement on the division of inherited property inherited by the Defendants with respect to F’s real estate listed in the [Attachment List (hereinafter “instant real estate”) owned by F on June 24, 2016 after F’s death, and registered the transfer of ownership in the name of the Defendants due to inheritance by agreement division No. 1451 of the Busan District Court’s Western Branch Branch Office on January 12, 2017.
D has reduced liability property by means of an agreement for division of inherited property to dispose of the inheritance shares of the instant real property, which is its sole property, such agreement for division of inherited property constitutes a fraudulent act, D's intent is presumed, and the Defendants are presumed to be a family member of D's bad faith.
Therefore, the agreement on the division of inherited property should be revoked as a fraudulent act, and to restore the original state, the defendants are obligated to perform the procedure for cancellation registration of transfer of ownership as to the 2/7 share of inheritance shares of D among the real property of this case.
2. Determination:
A. On September 24, 2016, F died on September 24, 2016, and D, the wife, Defendant B, Defendant C, and Defendant C, the wife, filed a report on the renunciation of F’s inherited property with the Busan Family Court on October 31, 2016, and the said report was accepted on November 18, 2016.
3) On January 12, 2017, the Defendants: (a) registered the ownership transfer for each of one-half shares among the real estate listed in the separate sheet as Busan District Court’s Branch Branch’s receipt No. 1451; and (b) on September 24, 2016 due to inheritance by agreement division. [In the absence of any dispute over recognition, the Defendants registered the ownership transfer for each of the real estate listed in the separate sheet as to each of the real estate indicated in the separate sheet, and the purport of the entire pleadings.]
B. The waiver of the judgment is retroactively effective at the time of commencement of the inheritance (Article 1042 of the Civil Act), and the renouncer was not the heir from the beginning.