1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

1. Basic facts

A. The Plaintiff began to lend money to E from July 2009, and agreed on December 11, 2017 to reduce the principal and interest of the loan between E and that between E from December 11, 2017 to KRW 360 million, and paid KRW 230 million from E.

B. E died on January 2, 2018

(hereinafter “E”. On February 23, 2018, the deceased’s co-defendants, who were the first-class co-defendants of the deceased, and the first-class co-defendants of the court of first instance, were subordinate inheritors, filed a report on the renunciation of inheritance on the deceased’s inheritance on May 18, 2018.

[Ground for Recognition: Unsatisfy, Gap evidence 3 and 4 (including each number; hereinafter the same shall apply)

(ii) the entry in Eul evidence No. 4 and the purport of the whole pleadings

2. The plaintiff asserts that the defendant, the heir of the deceased, has inherited the repayment obligation of KRW 65 million equivalent to his/her share of inheritance among the total amount of KRW 130 million of the principal and interest on the remaining loan to the plaintiff of the deceased.

However, according to the above facts of recognition, the defendant renounced his inheritance to the deceased, barring any special circumstance, the plaintiff cannot seek against the defendant the performance of the deceased's obligations.

3. Judgment on the Plaintiff’s assertion on the legal fiction of simple acceptance

A. The plaintiff asserts that the defendant, prior to the acceptance of the report of renunciation of inheritance, was presumed to have made a simple approval by disposing of the ownership transfer registration due to inheritance in the Gwanak-gu Seoul Special Metropolitan City I Apartment Building J, which was owned by the deceased.

However, according to the evidence No. 8, since the above transfer registration is recognized to have been completed by the subrogation of the creditor of the deceased, it cannot be deemed that the defendant's registration of transfer of ownership constitutes a legal simple approval under each subparagraph of Article 1026 of the Civil Act, such as "when the inheritor has performed a disposal act on inherited property."

(b).