1. Of each real estate listed in the separate sheet concluded on March 14, 2017 between the Defendant and D, 2/11 shares.

Basic Facts

The Plaintiff has a claim on D with respect to the amount calculated at the rate of 29.9% per annum from August 10, 2010 to the date of full payment with respect to KRW 28,290,757 according to the Decision 2010Da4038 decided January 27, 201 and KRW 27,036,690 among them, from August 10, 2010 to the date of full payment.

(As of November 21, 2019, the principal amount of the above bonds is KRW 27,036,690, interest and delay damages is KRW 74,908,222). The land and buildings listed in the attached list were owned by E. The land and buildings were owned by E. As the E dies on March 13, 2017, the heirs, such as the Defendant and D, enter into an agreement on the division of inherited property with the content that they shall own the above land and buildings solely from the Defendant on March 14, 2017, and completed the registration of ownership transfer under the name of the Defendant on March 23, 2017.

[Ground of recognition] The entry of evidence Nos. 1 and 4, and the agreement on division of inherited property to determine the purport of the whole pleadings, are to confirm the reversion of inherited property by either having all or part of the inherited property provisionally owned by each inheritor as sole ownership or by performing as a new co-ownership relationship with respect to the inherited property, upon commencement of inheritance, and therefore, it can be subject to the exercise of the right to revoke fraudulent act. Meanwhile, barring any special circumstance, the debtor's act of selling real property only with respect to one's own property and changing it into money easily for consumption or transferring it to another person without compensation to the creditor becomes a fraudulent act against the creditor, barring any special circumstance. Thus, even if the debtor in excess of his/her obligation has reduced joint security for the general creditor by abandoning his/her right to the inherited property

(See Supreme Court Decision 2007Da29119 Decided July 26, 2007). In full view of the overall purport of the evidence presented earlier, the debtor D had already been in excess of his/her obligation on March 14, 2017 when the defendant and D agreed on the division of inherited property.