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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Korea Deposit Insurance Corporation (hereinafter “Korea Deposit Insurance Corporation”) filed a lawsuit against Nonparty B with the Seoul Central District Court (2007dada150724) that “B and Nonparty C jointly and severally filed with the Korea Deposit Insurance Corporation for a loan of KRW 9,119,078 and KRW 8,764,821 in proportion to 25% per annum from November 29, 2000 to the date of full payment.” The above court’s decision of performance recommendation was confirmed on July 13, 2007, and the Plaintiff received the above claim.
B. On August 18, 2008, Nonparty D obtained a loan of KRW 49,940,000 as collateral for the real estate listed in the separate sheet (hereinafter “the apartment of this case”) and donated KRW 50,000,000 (section 3) to B, and Nonparty D repaid the existing debt to Nonparty E at the above KRW 50,000.
C. D The deceased died on September 13, 2012, and the deceased’s inheritors were Defendant, F, G, and B, who were their children, and the inherited property at the time of the death is the apartment of this case.
On May 8, 2013, the above inheritors, including the Defendant, entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the Defendant independently inherited the instant apartment and the remaining inheritors, including B, to renounce inheritance. Accordingly, on May 15, 2013, the Defendant completed the registration of ownership transfer for the instant apartment on the grounds of inheritance by agreement and division on September 13, 2012.
E. B was insolvent at the time of the instant agreement on the division of inherited property, and the inheritance shares in the instant apartment were the sole property.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 5 (including branch numbers), the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion that the agreement on the division of inherited property of this case was waived by B in excess of the debt.