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1. The Plaintiff:
(a) Defendant B is KRW 56,641,537 and annual 5% from February 11, 2014 to October 14, 2015; and
Reasons
1. Facts of recognition;
A. On October 21, 2007, Defendant C and Defendant D entered into a sales contract with Defendant D on a total of 2,029 square meters (2,029 square meters as above in the merger on February 15, 2008) with respect to the land price of KRW 980,080,000 and the remainder payment date of February 29, 2008.
However, the Plaintiff and Defendant C, who received the right of separation from Defendant C, agreed to newly construct a house on the above F land, and thus, it is necessary to additionally purchase the neighboring land around May 2008, and around May 16, 2008, the Plaintiff et al. and Defendant B entered into a sales contract with Defendant C as of May 16, 2008 with respect to the price of KRW 1195 million for the above L prior to the above L, owned by Defendant B and the remainder payment date, which was set forth on August 19, 2008.
B. The Plaintiff et al., Defendant B, and Defendant D (hereinafter “Defendant B et al.”) agreed that if Defendant B et al. obtain a loan from a financial institution as security on each of the above lands, they will subsequently succeed to each of the above loans under the pretext of part payments of each of the above lands.
Accordingly, on May 26, 2008, Defendant B took out a loan of KRW 600 million from the Seoul Won Agricultural Cooperative (hereinafter “Seoul Agricultural Cooperative”), and on the same day completed the registration of creation of a neighboring mortgage with respect to the above L land as the maximum debt amount of KRW 780 million, Defendant B, the mortgagee, and the mortgagee of the right to collateral security, and Defendant D took out a loan of KRW 600 million from the Seoul Agricultural Cooperative on May 27, 2008. On the same day, Defendant D completed the registration of establishment of a mortgage with respect to the above F land as the debtor, Defendant D, and the mortgagee of the right to collateral security.
C. Around June 5, 2008, M, G, H, I, J, and K, the husband of the Plaintiff, decided to divide each of the above lands owned by Defendant B, etc. and purchase one parcel. Around June 5, 2008, M agreed on each of the above loans owned by Defendant B, etc., and M agreed on the ratio of succession to each of the above loans by Defendant B, etc.