1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff filed a lawsuit seeking reimbursement against C (Seoul Central District Court 2013Da1069533). On December 19, 2013, the Plaintiff rendered a decision of performance recommendation that “C would pay KRW 12,797,797 to the Plaintiff” (hereinafter “decision of performance recommendation of this case”), and the decision of performance recommendation became final and conclusive around that time.

B. Meanwhile, the deceased D (hereinafter “the deceased”) died on December 5, 2001, and the deceased was his spouse and four children. The deceased’s share in C’s property is 2/11.

C. 1) On April 2, 2017, the deceased’s successors are real estate indicated in the separate sheet (hereinafter “instant real estate”) that was owned by the deceased.

2) The agreement on the division of inherited property with the sole ownership of the Defendant (hereinafter “instant division agreement”).

After that, on April 3, 2017, the registration for transfer of ownership in the name of the Defendant was completed as the receipt of the Suwon District Court’s Busan District Court’s Ansan Branch’s receipt on April 3, 201. The registration for transfer of ownership in the name of the Defendant was recorded on the register of the instant real estate on December 5, 201 as the grounds for registration, but it appears to have entered the deceased’s death date in the register of the instant real estate. 2) After that, on April 26, 2017, the registration for creation of a collateral security (hereinafter “registration for creation of collateral security”) was completed under E’s name under Article 30354 on the ground of the sales contract received on April 26, 2017. The registration for establishment of collateral security (hereinafter “registration for creation of collateral security”) was cancelled on May 4, 2017 on the same day by the debtor, the deceased, the mortgagee, the maximum debt amount of debt, and the maximum debt amount of debt amount of KRW 51 million.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, fact inquiry results against Seocho-gu Seoul Metropolitan Government, and purport of the whole pleadings

2. The assertion and judgment

A. The instant partition agreement pertaining to C’s shares in inheritance among the real estate in this case, for which the Plaintiff’s assertion summary was made, is the creditor of C.