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1. As to the above plaintiffs 1/10 shares of the plaintiffs 2, C, D, and E in the attached list.
Reasons
1. Basic facts
A. The deceased A (hereinafter “the deceased”) and the Plaintiff F shared the real estate listed in the separate sheet (hereinafter “the apartment of this case”) between mother and child by one-half shares, respectively.
B. On May 12, 2014, Plaintiff F entered into a housing mortgage agreement (hereinafter “instant loan agreement”) with the Defendant to provide the instant apartment as collateral and receive a loan of KRW 163 million (hereinafter “the instant loan”). The instant loan agreement, a mortgage agreement agreement, and related documents are signed and sealed by the Plaintiff as the person who pledged the property to secure another’s property and the person who created the right to collateral security, and a copy of the deceased’s personal seal impression and the deceased’s personal identification card were attached thereto.
C. In order to secure the loan of this case, the Defendant completed the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage of this case”) against the whole apartment of this case with the maximum debt amount of KRW 195.6 million, the debtor F and the mortgagee as the defendant, as Incheon District Court’s Busan District Court’s registration of establishment of a neighboring mortgage of this case, and as the receipt of No. 49306, May 14, 2014.
The Deceased died on November 16, 2014 while the instant lawsuit was pending, and the Plaintiffs, who were the deceased’s children, inherited one-half shares of the Deceased on the instant apartment and completed the registration of ownership transfer based on inheritance as to each of 1/10 shares.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 3 (including paper numbers; hereinafter the same shall apply), Gap evidence 7, Eul evidence 1 through 6, the purport of the whole pleadings
2. Determination
A. (1) The plaintiffs' assertion (1) committed a loan contract and mortgage contract in which the plaintiff F, who is the children of the deceased, obtained the deceased's personal seal impression and identification card, and used them to obtain the deceased's personal seal impression without permission.