1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On October 24, 201, the New Savings Bank Co., Ltd. (hereinafter “New Savings Bank”) established a repayment period of 4 million won to B on October 23, 201 and lent it at the interest rate of 39% per annum.

Since then, B did not pay interest on the borrowed money.

On June 29, 2012, the New Savings Bank (hereinafter “New Savings Bank”) transferred each claim to the Tae River Loan Co., Ltd. on June 29, 2012; the Tae River Loan Co., Ltd. on March 20, 2013; the ELC Loan Co., Ltd. on June 19, 2014; and notified the Plaintiff of each assignment.

The Plaintiff filed a lawsuit against B against the Seoul Northern District Court 2015Da350864, and the said court rendered on August 26, 2015 that the Plaintiff would pay to B the amount calculated by applying the rate of 39% per annum from January 27, 2015 to the date of complete payment with respect to KRW 7,368,651 and KRW 3,665,554.

B. The real estate listed in the separate list of ownership transfer registration as a result of the division of inherited property (hereinafter “instant real estate”) was owned by C, and C died on March 2, 2005, and C jointly succeeded by wife D, E, F, B, G, Defendant, and H, a successor.

Since then D died on May 20, 2015.

E, F, B, G, Defendant, and H prepared a written agreement on the division of inherited property with the purport that the instant real estate shall be owned by the Defendant on November 12, 2015, and completed the registration of ownership transfer based on the inheritance due to the consultation division on November 13, 2015, No. 14319, supra, which was accepted on November 13, 2015.

[Ground of recognition] Gap evidence 1 to 11 (including paper numbers; hereinafter the same shall apply), Eul evidence 1, 4 and 7, and the purport of the whole pleadings

2. The parties' assertion

A. The agreement on the division of the inherited property regarding the Plaintiff’s instant real estate was made on November 12, 2015.

However, such agreement on division of inherited property is general by giving up the right to the inheritance share of the instant real estate, which is the only property of B in excess of the debt.