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1.The judgment of the first instance shall be modified as follows:
Of the instant lawsuits, the primary claim against Defendant C and Defendant D.
Reasons
1. Basic facts
A. E and F are married couple who reported marriage on July 27, 199, and the plaintiff is F's leakage, Defendant B is a child born between E and Jeonnam, and Defendant C and D are born between F and Jeonnam.
B. On June 4, 2008, E prepared a loan certificate to the Plaintiff stating that “I have borrowed KRW 130 million from the Plaintiff during the loan period,” and completed the registration of creation of a mortgage over the maximum debt amount of KRW 150 million (hereinafter “registration of creation of a mortgage over the instant neighboring real estate”) with respect to the real estate listed in the attached list (hereinafter “instant real estate”) owned by the Plaintiff, Suwon-nam Branch Office of Seoul District Court No. 32980 on June 4, 2008.
C. On September 14, 201, E died, and F succeeded to the network E with respective shares of 3/5 and 2/5. Defendant B completed the registration of ownership transfer for the reason of the agreement on division of inherited property as heading 13823 on March 7, 2012, as heading 13824, which was received on March 7, 2012, and completed the registration of ownership transfer for the reason of termination of the agreement on the establishment of a collateral security, and completed the registration of ownership transfer for each of the instant real property on March 5, 2012 with Defendant C and Defendant D as heading 13825, which was received on March 7, 2012 by the same registry office, and completed the registration of ownership transfer for each of the instant real property on March 5, 2012.
[Ground of recognition] Facts without dispute, Gap evidence 1, 4, 5, 7, Gap evidence 8-1 through 7, Gap evidence 9-1 through 3, the purport of the whole pleadings
2. Determination as to the claim against the defendant B
A. The gist of the Plaintiff’s assertion was that the Plaintiff lent KRW 120 million to F and E couple on December 6, 2007, and KRW 90 million on January 3, 2008, including lending KRW 120 million to E. On June 4, 2008, the Plaintiff settled accounts between E and E on June 4, 2008 with payment of the loan principal and interest amounting to KRW 130 million to the Plaintiff. Thus, the Defendant B, who succeeded to E, is equivalent to the Plaintiff’s inheritance share.