근저당권말소
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. On November 13, 2013, the Plaintiff: (a) paid interest of KRW 20,000,000 to D on a yearly basis; (b) determined the due date within 30% from the date of loan; and (c) determined the due date within six months from the date of loan.
Then, on December 30, 2015, the Plaintiff agreed to set interest rate of KRW 50,000,000 on a 24% per annum, and the interest was to be paid on the date two months have elapsed since the date of borrowing (hereinafter “the instant loan claim”). B. D completed the registration of transfer of shares on October 20, 193 with respect to the buildings listed in the separate sheet (hereinafter “the instant building”) on October 29, 1993, as to the building as indicated in the separate sheet (hereinafter “the instant building”).
(c)
On October 28, 1999, the Defendant completed the registration of the establishment of the right to collateral security (hereinafter “registration of the right to collateral security”) on October 27, 1999 on the instant building, stating the claims made by the obligor D, the maximum amount of KRW 80,000,000, and the purport of the claim made by the obligor D (hereinafter “registration of the right to collateral security”). Accordingly, the Defendant completed the registration of the right to collateral security acquired by the Defendant.
(d)
D died on January 7, 2020.
E. On January 29, 2020, C, the deceased’s spouse of the deceased D (hereinafter “the deceased”), terminated a bank account (E) in the deceased’s name as the deceased’s heir and received payment of KRW 221,416.
F. On March 10, 2020, C and G, who are the spouse of the deceased, reported the renunciation of inheritance on March 10, 2020 as Seoul Family Court No. 2020 D and 5114, and the above court accepted it on April 27, 2020.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 9, 10 to 14, and the purport of the whole pleadings
2. Whether the lawsuit of this case is lawful
A. The Plaintiff asserted that he had a loan claim against the Deceased, but the deceased died on January 7, 2020.
On March 10, 2020, F, and G, the deceased’s spouse C and children, filed a report on the renunciation of inheritance, but C terminated a bank account of the deceased before filing the report on the renunciation of inheritance and withdrawn KRW 221,416. This is the property belonging to the deceased under Article 1026 subparag. 1 of the Civil Code.