The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Facts of recognition

The non-party D Co., Ltd. (hereinafter “non-party D”) filed a lawsuit against C on the loan claim with the Seoul Central District Court 2016Ga 5053520 as the non-party C did not pay the credit card user fee, credit card loan, etc., and on June 22, 2016, the above court rendered a judgment that “C shall pay to the Plaintiff KRW 25,577,580 and delayed damages.” The judgment became final and conclusive around that time (Evidence No. 3). On July 5, 2018, the non-party C transferred the credit to the Plaintiff and notified the transfer of the credit to C around August 27, 2018.

On May 25, 2019, Nonparty E, the father of Nonparty C’s ownership transfer registration, died on or around May 25, 2019 (hereinafter “the Deceased”), and the statutory share of inheritance of Nonparty C is 2/9.

In this regard, the registration of transfer of shares or ownership was completed on May 25, 2019 on the real estate listed in the separate sheet No. 27438/40661 shares owned by the deceased and each real estate listed in the separate list No. 2 through No. 6661 shares owned by the deceased (hereinafter “each real estate of this case”) among the real estate listed in the separate sheet No. 1 in the separate sheet No. 1, 2019 on November 14, 2019 due to inheritance by division of agreement.

At the time of May 25, 2019, May 25, 2019, which was the date of a split-off agreement on insolvent inherited property (hereinafter “instant split-off agreement”), C had been insolvent, and C did not own real estate other than the shares of each of the instant real estate corresponding to the statutory share of the inherited property.

【In the absence of a dispute over the grounds of recognition, Gap evidence Nos. 1 through 8 (including the number with which the number is included; hereinafter the same shall apply), Eul evidence Nos. 1 through 6, and Eul's assertion of the purport of the whole pleadings, as a whole, the plaintiff C committed an act to waive his/her inheritance shares on each of the real estate of this case through the agreement division in this case while the debt exceeds the debt, and thus, the agreement division in this case should be revoked, and the defendant as to C's inheritance shares.