beta
Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On February 28, 2008, the Plaintiff filed a lawsuit against C, etc. for the claim for indemnity amount (hereinafter “instant lawsuit”) with the Seoul Central District Court Decision 2007Da20624 (hereinafter “C”) and was sentenced to a judgment on February 28, 2008 that “C shall jointly and severally with the LABD to pay to the Plaintiff KRW 100,726,020, and the amount of KRW 17% per annum from September 4, 2002 to June 15, 2005; 11% per annum from the next day to December 20, 207; and 20% per annum from the next day to the date of full payment (hereinafter “instant judgment”). The instant judgment was finalized on March 21, 2008.
(However, the lawsuit of this case was conducted by public notice because it was not served on the Defendants, such as C, etc.
As of February 23, 2017, the Plaintiff’s claim for indemnity based on the instant judgment against C is KRW 279,771,433 (i.e., principal amount of KRW 100,726,020 by subrogation of KRW 2,072,40, 31,920 by subrogation of KRW 177,04,933).
After the deceased on December 27, 2014, Defendant A, his heir of the network E, entered into a mortgage agreement on the division of inherited property (hereinafter “instant apartment”) with Defendant A solely inherited the real estate recorded in the attached list, which is the only inheritance property of the network E (hereinafter “instant apartment”). As to the instant apartment, Defendant A completed the registration of the transfer of ownership under the name of Defendant A as the receipt of No. 149275, Jun. 18, 2015, the Gwangju District Court registered the apartment of this case as of June 18, 2015; Defendant A deleted the mortgage agreement with the maximum debt amount of KRW 18 million with the new bank with the maximum debt amount of KRW 40 million with the maximum debt amount of KRW 40,80,000,000,000, and concluded the mortgage agreement with Defendant B on February 1, 2017 with the maximum debt amount of KRW 170,6406,000,006.
C. This is applicable to C.