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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 June 3, 2005, the bankrupt mutual savings bank received a payment order against C to the effect that "the debtor shall pay to the creditor the amount of KRW 2,00,000,000 and the amount equivalent to 60% per annum from July 20, 2002 to the date of full payment," and the above payment order was finalized on August 9, 2005.
B. On September 10, 2008, the Korea Deposit Insurance Corporation of the bankrupt, Korea Deposit Insurance Corporation, and Korea Deposit Insurance Corporation of the bankrupt, filed a lawsuit against C with the Changwon District Court Decision 2008Gau46064, which held that “the Defendant shall pay to the Plaintiff 16,80,251 won and 3,540,602 won with the interest of 72% per annum from February 25, 2008 to the date of full payment.” The above judgment became final and conclusive around that time.
C. The above bankrupt or bankruptcy trustee is the plaintiff.
B. Each of the claims in this subsection was transferred and notified C of the assignment of the claim.
C’s mother died on April 6, 2012, the deceased’s mother (hereinafter “the deceased”) died, and his heir was the deceased E (the deceased on October 18, 200, F, G, H), C, Defendant, and I (the deceased on October 18, 200), and the inherited property was the real estate stated in the purport of the claim (hereinafter “instant real estate”).
E. The above inheritors, including the Defendant and C, entered into an agreement on the division of inherited property with the content that the Defendant independently owned the instant real estate, and accordingly, the registration of transfer of ownership in the name of the Defendant was completed on April 6, 2012 due to inheritance by consultation and division as of May 7, 2012, the Sejong District Court No. 12504, which was received on May 7, 2012.
F. C is insolvent at the time of the above agreement on the division of inherited property, and the inheritance share of the instant real estate was the sole property.