1. The plaintiff's claim is dismissed.

2. On July 26, 2016, this Court shall have regard to cases of application for suspension of compulsory execution by this Court.

Basic Facts

B decided to purchase each of the instant real estate from C, D, and E on behalf of the Plaintiff, a child, around February 8, 2010.

B, around March 26, 2010, in order to raise the purchase fund, the Defendant entered into a loan agreement on the following terms and conditions (hereinafter “instant loan agreement”) with the debtor.

Loan amount: 99 million won loan expiration date: Interest rate on March 6, 2012: A fixed rate of 8.5% per annum until the expiration date of the loan period: Provided, That the overdue interest rate shall be 7% where the overdue interest period is less than one month in the original interest rate of 8.5%, 8% where the overdue interest period is more than one month but less than three months, and 9% where the loan is more than three months, respectively. The loan shall be implemented as requested by the principal, and shall be repaid freely, and the full repayment of the loan shall be made at the expiration date of the loan period. A special contract for automatic extension of the loan period: Where the loan is not repaid by the expiration date of the loan period, the defendant may extend the loan period without obtaining a separate written consent from the debtor if it is deemed possible to extend the loan period by the expiration date without obtaining a separate written consent from the debtor.

B. On March 26, 2010, C et al., a seller of each of the instant real estate established a right to collateral security with regard to each of the instant real estate in order to secure a debt under the instant loan agreement, which is KRW 12,870,000,000 for the obligee, obligor, and maximum debt amount.

On April 1, 2010, the Plaintiff completed the registration of ownership transfer concerning each of the instant real estate.

B and the Defendant agreed on March 26, 2012 to extend the loan term of the instant loan contract by not later than two years until March 26, 2014. The Defendant refused to renew the loan term on the ground that the Plaintiff, the owner of each real estate of this case, was unable to obtain the Plaintiff’s consent, until March 26, 2014, and suspended the use of the passbook in B’s name.

The loan period of this case is the expiration date of the loan contract of this case.