채무부존재확인
1. Each action of the Plaintiff B, C, D, E, F, G, and H shall be dismissed.
2. The plaintiff A's claim is dismissed.
3. The costs of the lawsuit.
1. Basic facts
A. The Plaintiffs and the Defendant’s assistants are children of the network J (hereinafter “the network”).
B. On March 23, 2009, the Defendant prepared a loan agreement between the Deceased and the Deceased as “the applicant for the loan, the amount of KRW 500 million loan, the date of loan commencement, March 26, 2009, and March 26, 2012” (hereinafter “instant loan agreement”), and at the time, the Defendant’s Intervenor took notes of the Deceased, and the certified judicial scrivener participated therein.
C. On March 24, 2009, in order to secure the above claim, the Defendant created the right to collateral security (hereinafter “each of the instant superficies”) and superficies (hereinafter “each of the instant superficies”) as stated in the registration of collateral security (hereinafter “each of the instant real property”) and the indication of the registration of creation of superficies (hereinafter “each of the instant superficies”) on each of the instant real property indicated in attached Table 1, which was owned by the Deceased.
On March 26, 2009, the Defendant carried out a loan in accordance with the instant loan agreement and deposited the loan in the passbook of the deceased.
E. The Deceased died on August 15, 2014, when receiving hospitalized treatment at the K Senior Citizens’ Special Hospital.
F. The Defendant filed an application for voluntary auction of each of the instant real estate based on each of the instant collateral security interests, and on April 12, 2016, rendered a decision to commence voluntary auction as M on April 12, 2016.
G. On January 20, 2017, Plaintiff A subrogated to the Defendant for the total amount of KRW 500,071,979 in accordance with the instant loan agreement (hereinafter “instant subrogation”). On January 20, 2017, Plaintiff A completed the registration of cancellation of each of the instant collateral security rights and superficies on each of the instant real property on the ground of termination.
【Non-contentious facts, Gap’s evidence of Nos. 1, 2, 3, 4, 7, 8, 21, 22, 23, and 24 (including various numbers, if any; hereinafter the same shall apply), Eul’s evidence of Nos. 1, 2, and 4, and the purport of the whole pleadings
2. Summary of the plaintiffs' assertion
A. The instant loan agreement.