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1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate of KRW 5% from April 1, 2015 to February 21, 2020, respectively.
Reasons
1. Basic facts
A. The Plaintiff and C, the Plaintiff’s birth, owned 1/2 shares of each of the land and its ground buildings (hereinafter “instant real estate”) in Namyang-si, Namyang-si.
C The C died on January 23, 2008, and C’s spouse E inherited C’s share in the instant real estate in 3/14, F, and G, each of 2/14 shares.
(hereinafter referred to as “E, etc.”) E, F, and G, the inheritor of C. The Defendant is E.
B. As to the instant real estate, on November 5, 2012, the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) created with the obligor, the Defendant, and the Defendant, and the right to collateral security (hereinafter “right to collateral security”) with respect to the instant real estate was completed.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Comprehensively taking into account the reasoning of Gap's evidence Nos. 1 and 2, response to an order to submit financial transaction information, and the entire pleadings, the plaintiff and Eul, etc. decided to sell the real estate of this case to I on March 6, 2015, KRW 220 million. Of the purchase price, I provided that KRW 100 million shall be replaced by acquiring the secured obligation of this case, and that the remainder shall be paid KRW 120 million. Accordingly, I completed the registration of transfer of ownership on March 31, 2015, No. 38892, Mar. 31, 2015; and I accepted the registration of cancellation on March 31, 2015 as the registry office's cancellation on the ground of the registration of cancellation on March 31, 2015.
According to the above facts, the plaintiff constitutes a surety who provided a security for the defendant's obligation, and since the security obligation of this case is extinguished in lieu of the payment of KRW 100 million out of the proceeds of sale of the real estate of this case, which is a security, the debtor of the secured obligation.