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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 2, 2005, the Plaintiff filed a payment order against B with the Incheon District Court Branch Branch Order 2005Da9853, the Plaintiff received an order from the above court that “B shall pay to the Plaintiff 6,309,433 won per annum from October 25, 2003 to the service date of the instant payment order, 17% per annum from the next day to the day of full payment, and 20% per annum from the next day to the day of full payment.” The above payment order was finalized on December 20, 205.
B. D, the father of B, died on April 24, 2013 (hereinafter “D”), and the inheritor, the Defendant, E, F, G, H, I, and B (hereinafter “instant partition agreement”). The Defendant completed the registration of ownership transfer based on inheritance by division on July 23, 2013 as to the instant real estate on the ground of inheritance by division.
C. At the time of the split-off consultation, the inheritance share of the instant real estate was the only active property B.
[Reasons for Recognition] Facts without dispute, Gap 1 to 3 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings
2. The Plaintiff’s assertion B renounced the shares of inheritance for one-seven shares among the real estate in this case through the instant partition agreement. As such, the said partition agreement should be revoked by fraudulent act with the knowledge that it would prejudice the Plaintiff, a creditor, and the Defendant, a beneficiary, shall pay the Plaintiff the money claimed in the claim as compensation for the value of the inherited property within the extent of the value of the inherited property upon such revocation.
3. The agreement on the division of inherited property as to whether a fraudulent act has been constituted is a juristic act aimed at property rights in view of the nature of the agreement, by which it becomes final and conclusive the reversion of inherited property by either having all or part of the inherited property provisionally owned by co-inheritors as a sole ownership by each inheritor or by performing it as a new co-ownership relationship.