구상금
All of the plaintiffs' primary claims are dismissed.
The defendant 17,941,409 won for plaintiffs A and D, and 12,561 for plaintiffs B.
1. Basic facts
A. The deceased F (hereinafter “the deceased”) died on April 16, 2018, and the deceased’s heir is the Plaintiffs and the Defendant, who are children.
B. On May 17, 2010, each real estate listed in the separate sheet (hereinafter “instant land”) owned by the deceased, a collateral security (hereinafter “instant collateral security”) which is a maximum debt amount of KRW 182 million, the debtor, the defendant, and the mortgagee’s association (hereinafter “G association”) was established on May 17, 2010.
C. 1) On November 28, 2014, the Deceased sold the instant land to the Korea Rural Community Corporation in KRW 138,976,00 and transferred its ownership on the same day. The Korea Rural Community Corporation, upon paying KRW 81,604,539 out of the purchase price to G Cooperatives on November 28, 2014, paid the Deceased the remainder of KRW 57,371,461 (i.e., KRW 138,976,00 - KRW 81,604,539) (i.e., KRW 138,976,00). The instant right to collateral security was revoked on the same day as of November 28, 2014, the Deceased sold the instant land’s ownership to the Korea Rural Community Corporation in KRW 208,200,000 on the same day as of April 29, 2015.
On April 29, 2015, the Korea Rural Community Corporation paid KRW 81,020,627 out of the purchase price to G Cooperatives as collateral repayment of the instant collateral security, and paid the Deceased the remainder of KRW 41,907,373 (=122,928,000 - KRW 81,020,627).
The instant right to collateral security, which was established on the land No. 2, was cancelled due to termination on April 29, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 3 (including branch numbers, hereinafter the same shall apply) and the purport of whole pleadings
2. Judgment as to the primary claim (Plaintiffs)
A. The gist of the plaintiffs' assertion is 81,604,539 won out of the purchase price of the instant land No. 1, and 81,020 out of the purchase price of the instant land No. 2.