1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On Sep. 29, 1996, the Plaintiff loaned to D Co., Ltd. KRW 100 million on Jan. 20, 1997, KRW 35 million on May 28, 1997 (hereinafter “Class 1, 2, and 3”); C provided a joint and several surety for the loan amounting to KRW 130 million on the guarantee limit for the first loan; KRW 130 million on the guarantee limit; KRW 130 million on the second loan; and KRW 45 million on the guarantee limit for the third loan.

B. As of September 29, 2017, C’s guaranteed debt for each of the above loans is KRW 138,764,134 in total.

C. On March 17, 2016, the deceased (hereinafter “the deceased”) who was the owner of the real estate indicated in the separate sheet (hereinafter “the instant apartment”) died on March 17, 2016, E, C, Defendant, and F were the heir. The deceased’s heir agreed on the division of inherited property (hereinafter “instant agreement on the division of inherited property”). On October 6, 2016, the Defendant completed the registration of ownership transfer for the instant apartment on the ground of inheritance by agreement and division as of March 17, 2016.

On the other hand, on March 18, 2015, the Deceased prepared a testamentary document to testamentary gift the apartment of this case to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion C is a fraudulent act against the Plaintiff, a creditor, with the content that he/she renounces his/her share in the inheritance of the instant apartment in the status that he/she is jointly and severally liable for joint and several liability of the Plaintiff upon the death of the deceased.

Even if it is not so, since the legacy of the deceased infringed upon C's forced inheritance, C has the right to claim the return of forced inheritance. It is an act of injury because C gives up the right to claim the return of forced inheritance because C agreed on the division of inherited property owned by the defendant of the apartment of this case.

Therefore, the defendant.