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1. For the plaintiffs:
A. Defendant F shall be KRW 66,912,793, respectively, and 5% per annum from December 27, 2017 to August 28, 2018.
Reasons
1. Basic facts
A. H and I had their children as well as their children, Defendant F is the spouse of J, and Defendant G is the children of J and Defendant F.
B. On August 30, 2006, Defendant F borrowed KRW 490 million from K organization (hereinafter “K loan”). H concluded a mortgage agreement with K organization to secure the obligation of K loan, and completed the registration of the establishment of a neighboring mortgage with regard to the land and building owned by Songpa-gu Seoul (hereinafter “instant real estate”) with the mortgagee of the collective security right regarding the land and building owned by Songpa-gu Seoul (hereinafter “instant real property”).
C. The J obtained a loan of KRW 72 million from M on July 23, 2009 (hereinafter “Guarantee Fund loan”). H entered into a mortgage agreement with M to secure the obligation of Guarantee Fund loan, and completed the registration of establishment of a collateral security with regard to the instant real estate as a collateral holder M, debtor J, and maximum debt amount of KRW 84 million with respect to the instant real estate. Defendant G acquired the guarantee Fund loan obligation on September 16, 2009, and completed an additional registration to change the right to collateral security added to Defendant G to the debtor on September 17, 2009 on the ground of an overlapping assumption of debt with respect to the registration of establishment of a collateral security on the instant real estate.
H Dec. 4, 2016, died on June 4, 2016, and the Plaintiffs and J, their children, respectively, jointly inherited H’s property in proportion to 2/15 shares of 3/15 and 3/15 shares.
E. Meanwhile, Defendant F failed to repay K loans by August 30, 2016, the due date for payment, and at the request of N Asset Management Company (O Co., Ltd.) that acquired K loans, Defendant F received dividends of KRW 59,203,788, and KRW 72,000,00,00 as creditors of Defendant F and Defendant G, from December 27, 2017 in the real estate rental auction procedure (Seoul East Eastern District Court P) commenced on December 20, 2016.