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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The deceased on January 19, 2009 (hereinafter “the deceased”) who was the owner of the Daejeon Seo-gu C and D land (hereinafter “each of the instant lands”) (hereinafter “each of the instant lands”) was dead, and the deceased was the wife and F, the heir of the deceased.
B. On November 20, 2014, the Defendant filed a lawsuit against F to demand the return of loan under the Suwon District Court Branch Branch Decision 2014Gahap76, and rendered a judgment in favor of part of the provisional execution judgment to the effect that “F shall pay KRW 123,138,769 and its delay damages to the Defendant” from the above court.
The Defendant was sentenced to the Seoul High Court Decision 2014Na61496, Jun. 11, 2015, by expanding the claim for damages for delay at the appellate court of the instant case.
C. When the judgment of the first instance court was rendered on January 13, 2015 when the deceased’s heir did not complete the registration of transfer of ownership based on inheritance of each of the instant land, the Defendant completed the registration of transfer of ownership based on inheritance on January 19, 2009 as to the 3/5 shares out of each of the instant land by subrogation of the Plaintiff and F, the deceased’s heir, on January 13, 2015, and on the 2/5 shares out of each of the instant land (hereinafter “each of the instant shares”) under F, and completed the registration of transfer by inheritance on January 19, 2009. On February 4, 2015, the judgment of the first instance court on the provisional execution declaration of each of the instant loans case, the Defendant applied for a compulsory auction and registered the entry as to each of the instant shares on the same day.
During the auction procedure on each of the instant lands, the Korea Land Corporation proceeded with the expropriation procedure on each of the instant lands. On September 30, 2015, the Defendant rendered the judgment of the appellate court on each of the instant loans to the creditor, debtor F, third obligor Land and Housing Corporation, claim amounting to KRW 173,896,472, with the execution right as the creditor, debtor F, third obligor Land and Housing Corporation, claim amounting to KRW 2015, 105, 10496.